Who Can Witness a Lasting Power of Attorney? (And Why It Matters More Than You Might Think)

26th May 2025

Creating a Lasting Power of Attorney (LPA) is one of the smartest steps you can take to plan for the future — it gives the people you trust the legal power to help with your health or finances if you ever lose the ability to make decisions yourself.

But once you’ve filled in all the paperwork, there’s one bit that often causes confusion: getting the LPA signed and witnessed properly.

This is where two key people come into play: the witness and the certificate provider. Each has a specific role — and mixing them up is one of the most common reasons LPAs get rejected.

Let’s break it down.

What’s the role of a witness?

A witness is someone who watches you (or your attorney) physically sign the LPA form and then signs it themselves to confirm it really was you.

Here’s what makes a valid witness:

✅ Must be over 18
✅ Must be physically present when the person signs
✅ Can’t be a named attorney or replacement attorney in the same LPA
✅ Ideally not a close family member — just to keep things simple

You’ll need a witness for:

• The donor’s signature (that’s you)
  
• Each attorney’s signature
  

The same witness can watch multiple attorneys sign, but only if they’re present for each signature at the time.

And what about the certificate provider?

Now, the certificate provider plays a totally different and equally important role.

They’re not just witnessing a signature — they’re confirming that:

🧠 You understand what an LPA is and what it means
🫶 You’re making it freely and without pressure from anyone else

Your certificate provider must:

✅ Be over 18
✅ Have known you personally for at least 2 years or be a professional with the right expertise (like a doctor, solicitor, or social worker)
❌ Not be a family member, attorney, or involved in the application in any way
❌ Not be your witness — they can’t do both

In short: the witness confirms it was you signing. The certificate provider confirms you knew what you were signing.

Why does all this matter?

Getting the witnessing wrong — for example, using the same person as both a witness and a certificate provider, or having someone sign in the wrong order — can lead to your application being rejected.

That’s not just frustrating, it means extra cost, delay, and stress at a time when you or your family might really need your LPA to be in place.

How we help

At Power of Attorney Online, we take the guesswork out of it. We guide you through the signing and witnessing process step by step, with clear instructions to make sure every detail is done right. And our experts review your application before it’s submitted — so you can feel confident it’s legally sound.

Because protecting your future should feel reassuring — not confusing.