Can Family Members Witness a Lasting Power of Attorney in the UK?

22nd August 2025

Updated: Thursday 19th February 2026

If you are asking Can Family Members Witness a Lasting Power of Attorney in the UK? you are not alone. Many people setting up a Lasting Power of Attorney want to keep the process simple by involving those closest to them, but the rules around signing and witnessing are more specific than most expect. A valid LPA must be completed in the correct order, with the right people acting as witnesses to make sure the document is legally sound. One of the most common points of confusion is whether a relative can step in as a witness, and the answer depends not only on their relationship to you, but also on whose signature they are witnessing.

Who Can Legally Witness a Lasting Power of Attorney?

In England and Wales, the rules are designed to prevent fraud and undue influence. A witness must:

• Be aged 18 or over
• Be present in person when the individual signs
• Have mental capacity to understand what they are witnessing

There are also important restrictions depending on whether they are witnessing the donor or an attorney.

Can a Family Member Witness the Donor’s Signature?

This is where the strictest rules apply. A family member can’t witness the donor’s signature if they are:

• Named as an attorney
• Named as a replacement attorney
• Acting as the certificate provider

In practice, it is strongly recommended that the donor’s witness is independent and not closely related. While the rules do not expressly ban every relative, using a spouse, child or parent can raise concerns about independence if the LPA is ever questioned by the Office of the Public Guardian.

To reduce risk, the safest option is someone neutral who is not involved in the LPA at all.

Can an Attorney Witness Another Attorney’s Signature?

Yes. An attorney can witness another attorney’s signature, provided they meet the standard witness requirements. They must be over 18, present in person and capable of understanding what they are witnessing.

The restriction applies to witnessing the donor’s signature, not to witnessing another attorney.

For example, if two attorneys are appointed, one attorney may act as witness for the other attorney’s signature. However, neither can witness the donor signing the LPA.

Who Is the Best Person to Witness an LPA?

To avoid delays or rejection, we recommend choosing someone who is:

• Not named anywhere in the LPA when witnessing the donor
• Not closely related to the donor
• Not a replacement attorney or certificate provider
• Ideally independent, such as a friend, neighbour or colleague

Some people choose a professional such as a solicitor or GP, but this is not legally required.

What Happens If the Wrong Person Witnesses Your LPA?

If the witnessing rules are not followed correctly, the Office of the Public Guardian can reject the application. This may mean:

• Delays to registration
• Having to re sign documents
• Paying another registration fee

Unfortunately, over 50,000 LPAs are rejected every year for errors like these.

So, can family members witness your LPA? Yes, but only if they’re not named in the LPA and not too closely related. For the best chance of approval, it’s safer to use someone independent.