Hi Liam and thanks so much for your comment – an interesting one! And it perhaps raises a general point around Lasting Power of Attorney in terms of who the donor should appoint?

So, in practice, yes, the majority of people do not include preferences. That is how it is, rather than ‘advice’. I guess the whole spirit of an LPA is to allow your chosen attorney the freedom to look after your affairs as the donor would otherwise have done, had they not lost capacity. And, who knows what the future might hold, and what things the attorney’s may need to do to discharge their duties to act in the best interests of the donor? By definition, a preference or instruction is going to tie hands to some extent.

In my own experience, donor’s will often raise concerns like: who decides if I have lost capacity? can my attorney benefit themselves? And this perhaps raises the related point (to your question) that the key is to choose an attorney very carefully! And in doing that, one should not have concerns!

Having said of all that, what are your thoughts Liam? Would love to hear your take on it……

Thanks so much – Team QLAW!

(NB – our articles and any comments thereon do not represent legal advice and should not be taken as such. If you require legal advice about your particular case, please make contact with us).