Advance Directives — General
The grantor may include advance directives specifying their wishes regarding future decisions. You may adopt a general approach — authorising the agent to decide at their discretion — or set out specific instructions.
Examples of directives:
- The preferred type or identity of a caregiver
- Future residence shall remain the grantor's current home, changing only under certain circumstances
- The property may be sold or rented only under certain conditions
- Specific investment instructions for funds
Special Actions by the Agent
The law prescribes certain actions requiring express authorisation in the LPA, such as donations above certain amounts. Other significant actions require prior court approval, such as real estate transactions.
What can be specified in advance directives within a Lasting Power of Attorney?
Advance directives can specify preferences such as: the preferred type or identity of a caregiver, the desired future place of residence, conditions under which assets may be sold or rented, specific investment instructions, and stances on particular medical treatments. The grantor may adopt a general approach or detail specific instructions for any area covered by the LPA.
Are advance directives binding on the Lasting Power of Attorney agent?
Yes. Advance directives included in the LPA are legally binding on the agent, who must act in accordance with them. The agent may not deviate from the directives except in exceptional circumstances and only with court approval. Actions requiring express authorisation — such as large donations — must be specifically mentioned in the document.
