LPA Restrictions and Preferences: How to Draft Them Clearly
How to write practical restrictions and preferences in an LPA so attorneys can follow them and institutions can operate them.
Why wording quality matters
Preferences and restrictions can make an LPA safer and clearer. They can also make it unusable if drafted vaguely or inconsistently.
Preferences vs restrictions
- Preference: guidance attorneys should consider.
- Restriction: mandatory condition attorneys must follow.
Use restrictions only where you are confident they will still work in difficult real-life scenarios.
Good drafting principles
- Keep language operational, not aspirational
- Define triggers and evidence where needed
- Avoid contradictory instructions
- Avoid overcomplicated legal prose
Examples
Strong
"Before selling my home, obtain two independent written valuations and record reasons for sale in writing."
Weak
"My attorneys must always do what is best."
The second adds no practical test.
Pitfalls that delay registration or usage
- Unclear references to people who are not identified
- Conditions no institution can verify
- Contradictions between sections
Review before signing
Before finalising, ask:
- Could a third party understand and execute this?
- Could this still work if one attorney is unavailable?
- Does it conflict with any appointment structure?
Next reading
Related guides
Jointly vs Jointly and Severally: The LPA Decision That Affects Everything
A practical breakdown of attorney decision structures, where each model fails, and how to choose the right setup for real-world use.
Attorney Appointments
LPA Signing Order and Witness Rules: Avoid Invalid Execution
Execution order and witnessing mistakes are a major source of LPA rejection. Use this practical sequence guide before signing.
Registration and OPG Process
Common LPA Registration Mistakes (and How to Avoid Them)
A practical pre-submission checklist covering execution sequence, section errors, contradictory wording, and preventable OPG requisitions.
Registration and OPG Process
Ready to protect your family?
Create your solicitor-reviewed will online in minutes. Our guided process makes it simple and affordable.
Start Your Will