LPA Section 7 Instructions and Preferences: What to Write in England

Section 7 of a Lasting Power of Attorney is the part most people rush through — or leave blank entirely. That's a problem, because it's the section where you tell your attorneys exactly how you want your affairs handled when you can no longer speak for yourself.

What Section 7 Actually Does

An LPA gives your attorneys broad legal authority over your finances or your health and welfare. Section 7 is where the donor sets boundaries on that authority. There are two distinct tools here, and they work very differently.

Instructions are legally binding. If you write "My attorneys must not sell my home without a formal independent valuation," your attorneys have no discretion — they must follow that direction or face an OPG investigation. Instructions that contradict the law or the Mental Capacity Act 2005 may make the LPA unworkable or lead the OPG to refuse registration.

Preferences are non-binding guidance. They tell attorneys what you'd like, but attorneys can depart from them if circumstances change. "I would prefer to remain living at home for as long as safely possible" is a preference — it guides decision-making without locking attorneys into an impossible commitment if, for example, a dementia diagnosis makes home care unsafe.

Practical Wording for a Property and Financial Affairs LPA

The most common mistake is writing Section 7 instructions that are either too vague to be useful or so restrictive they create problems down the line.

Investment authority. If your parent has savings beyond everyday banking, consider: "My attorneys may invest my funds in accordance with the standard investment criteria set out in the Trustee Act 2000, seeking independent financial advice for any single investment exceeding £10,000." This gives flexibility without handing over unchecked authority.

Property sale restrictions. Families who want to protect the family home can write: "My attorneys must not sell, let, or otherwise dispose of my residential property at [address] without first obtaining a written valuation from an RICS-registered surveyor and selling at no less than 90% of that valuation." This prevents a rushed, below-market sale while still allowing the sale if care fees demand it.

Gift-giving limits. Under the Mental Capacity Act, attorneys can only make customary gifts of reasonable value. You can tighten this further: "My attorneys may make gifts on birthdays and religious holidays to my children and grandchildren, not exceeding £100 per person per occasion."

Practical Wording for a Health and Welfare LPA

Health and welfare preferences carry particular weight because they guide life-altering decisions about medical treatment and care placement.

Care location. "I prefer to receive care in my own home for as long as this is safe and practical. If residential care becomes necessary, I would prefer a care home rated 'Good' or 'Outstanding' by the CQC within 20 miles of [town]." This is a preference, not an instruction — attorneys can act differently if the budget or clinical picture demands it.

Life-sustaining treatment (Option A vs Option B). Section 5 of the Health and Welfare LPA asks whether attorneys should have authority over life-sustaining treatment decisions. If you select Option A (granting that authority), you might add: "If my medical team confirms that I have permanently lost the ability to recognise my family and communicate, I would prefer that life-sustaining treatment not be prolonged beyond what is needed for comfort." If you select Option B, medical teams make those decisions instead.

Daily routine. "I wish to be addressed by my first name. I would like to listen to Classic FM each morning. I am vegetarian and this should be maintained in any care setting." These seem minor, but care home staff rely on recorded preferences when a resident can no longer express them.

Common Mistakes That Trigger OPG Rejection

The OPG caseworker who reviews your application will flag Section 7 entries that contradict the LPA's legal framework. The most common rejection triggers:

• Writing an instruction in a Health and Welfare LPA that tries to control finances (wrong document — that belongs in the Property and Financial Affairs LPA)
• Instructions that attempt to override medical best practice, such as demanding a specific treatment regardless of clinical advice
• Preferences written as instructions — using mandatory language like "must" or "shall" in what was clearly intended as guidance
• Instructions so restrictive that attorneys effectively cannot act (the OPG may ask for clarification or refuse registration)

How to Decide What Goes in Section 7

Start with the questions your attorneys will actually face. For Property and Financial Affairs: who manages day-to-day banking? Can attorneys invest? Under what conditions can they sell property? For Health and Welfare: where should care happen? What matters most in daily life? What are your views on medical intervention?

Write your answers in clear, plain English. The OPG explicitly discourages legal jargon — caseworkers flag overly complex language because it creates interpretation disputes. If you cannot explain the instruction to a non-lawyer, simplify it.

The England Lasting Power of Attorney & Deputyship Kit includes a complete Section 7 wording library with pre-drafted instructions and preferences covering the most common scenarios — property sales, investment powers, care home placement, medical treatment, and daily living routines. Every template is written in OPG-compliant language that has passed registration review.

The Line Between Helpful and Harmful

Section 7 is powerful precisely because instructions are legally binding. But over-specifying can trap your attorneys. "My attorneys must never sell my home" sounds protective, but if your parent's savings run out and care home fees hit £1,200 a week, your attorneys are legally barred from the one action that could fund care — and they'd need a Court of Protection application to override the instruction. That costs £432 in court fees alone, plus months of delay.

The strongest Section 7 entries give clear guidance while preserving your attorneys' ability to respond to circumstances you couldn't predict. Write preferences generously, use instructions sparingly, and test every instruction against the question: what happens if this becomes impossible to follow?

See more England guides →