How can a Letter of Wishes support LPAs (and when is it unnecessary)?

Author: Chris Watts — Will Writer, Fern Wills & LPAs

Last verified: 28 August 2025 (England & Wales)

Quick-read summary

LPAs already allow you to record Instructions (binding) and Preferences (guidance). A LOW can add extra background—such as lifestyle details or financial priorities—but it must not contradict the LPA.LOWs are less common for LPAs, but can be useful for complex family situations, or when professional attorneys are appointed who may not know your personal values.

Practical checklist

• Use if you want more detail than fits neatly in the LPA form (daily routines, cultural points, pets).
• To record financial priorities (e.g. modest gifts, charitable giving).
• To explain values in blended families.
• Especially relevant when appointing professional attorneys.

Balanced view: pros and cons

Benefits

• Helps attorneys apply the “best interests” test with confidence.
• Flexible—can be updated without re-registering the LPA.
• Adds personal context for professional attorneys.

Caution

• LPAs already have Preferences and Instructions. Anything binding belongs in the LPA. A LOW must not act like a “mini-LPA”. Poor drafting risks confusion.

The Fern Wills view

We see LOWs for LPAs as optional but sometimes very useful—especially with professional attorneys. For close family attorneys, they may be lighter. If it needs legal force, it belongs in the LPA. Everything else can go in a short, plain-English LOW.

Professional attorneys vs family attorneys

• Professional attorneys: benefit from LOWs because they provide the personal background they otherwise wouldn’t have.
• Family attorneys: may already know much of it, but a LOW can prevent misunderstandings between siblings or relatives.

How this works in real life

1) Excluded but valued child

A donor appointed two of three adult children as attorneys, excluding one due to financial irresponsibility and influence from her spouse. The LOW expressed love and respect, and suggested her views should be heard in emergencies, though not binding. This softened feelings of exclusion.

2) Health & Welfare: staying at home

Ms Ahmed’s LPA said she wished to remain at home if safe. Her LOW clarified affordability, mobility and adaptation thresholds, helping attorneys justify extending home care.

3) Financial LPA: gifts and spending

Mr Jones’s LOW explained that modest birthday gifts for grandchildren and care for his dog should continue if affordable. This guided attorneys in balancing best interests and affordability.

FAQs

1) Do attorneys have to follow an LPA-LOW?

No, it is context only; attorneys must follow the LPA and the law.

2) Could it contradict my LPA?

It must not—anything binding goes in Instructions.

3) Do I file it with the OPG?

No, it stays with your documents and attorneys.

4) Can a LOW cause problems?

Only if it reads like an instruction or conflicts with the LPA.

5) Do family attorneys need one?

Not always, but a LOW can help avoid misunderstandings.

Optional Technical Notes

• MCA 2005 requires attorneys to consider wishes, feelings, and values. A LOW is relevant evidence.
• LPA Instructions are binding; Preferences are advisory. LOWs sit outside this, but add detail.
• Poor instructions can delay registration; keep binding rules in the LPA form.

Sources & further reading

• OPG guidance on Instructions vs Preferences.
• MCA 2005 Code of Practice.
• OPG: Avoiding LPA errors.
• Companion article: What is a Letter of Wishes for Wills and Trusts—and when should I use one?

Next steps

If you’d like to add a LOW to your LPA, we’ll first refine your Preferences and Instructions inside the legal form. Then we’ll draft a short, clear LOW that attorneys can use for extra context.