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

26th May 2025

Updated:

17th September 2025

Creating a Lasting Power of Attorney (LPA) is one of the smartest ways to plan ahead. But one small step in the signing process, getting the form witnessed correctly, is surprisingly important. Done wrong, and the Office of the Public Guardian (OPG) can reject the application, causing delay stress and extra cost.

Below I’ll explain who can act as a witness, how that differs from the certificate provider, the common mistakes that cause rejections, and how you can make sure your LPA is signed correctly first time.

Who is a valid witness for an UK Power of Attorney?

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.

What the certificate provider does (and why they must be different)

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 witnessing rules matter (real consequences)

Getting witnessing or the certificate provider wrong is one of the most common reasons LPAs are sent back or even rejected by the OPG. Consequences include:

• Delays in registration (weeks or months).
• Extra cost to correct and resubmit paperwork.
• Stress for families who need the LPA to manage urgent affairs.

Because the witness and the certificate provider serve different safeguards, one factual, one evaluative, mixing them up undermines the legal safeguards the OPG relies on.

Common mistakes to avoid

A few simple errors cause most problems:

• Using the same person as witness and certificate provider.
• Having a witness who is named as an attorney on the form.
• Signatures made out of order (the donor should sign before the certificate provider and attorneys as required).
• Witness not physically present (e.g. watching via video where a wet signature is required).

Checking each role and the signing order before anyone signs will save time and heartache.

How to make sure you get it right first time

• Plan who will act as witness and certificate provider before starting the signing session.
• Choose an independent certificate provider: a professional or someone who has known the donor for two years.
• Follow the required signing order and ensure all signatories use wet signatures (the OPG still requires these).
• Consider a guided service that checks the forms before you post them to the OPG.

How we help at Power of Attorney Online

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.