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Who Can Witness a Lasting Power of Attorney?

Who Can Witness a Lasting Power of Attorney?

Who Can Witness a Lasting Power of Attorney? is one of the most common questions we hear from people setting up an LPA. The forms can look straightforward, but the signing and witnessing rules are strict. If you get them wrong, your application can be rejected by the Office of the Public Guardian.

This guide explains exactly who can witness a lasting power of attorney in the UK, and what to avoid.

Why does witnessing an LPA matter?

A witness confirms that the person signed the document themselves.

They must see the signature being made in person.

They then sign to confirm what they saw.

If the witnessing is done incorrectly, the LPA can be rejected. That can mean delays, extra cost and having to start again.

Each year, thousands of LPAs are returned due to avoidable errors. Witnessing mistakes are one of the most common.

Who can witness the donor’s signature?

The donor is the person making the lasting power of attorney.

Their signature must be witnessed by someone who:

  • Is aged 18 or over
  • Has mental capacity
  • Is physically present when the donor signs
  • Is not named as an attorney or replacement attorney in the LPA

An attorney or replacement attorney cannot witness the donor’s signature. This is a strict rule.

While the law does not completely ban family members from acting as witnesses, independence is important. Choosing someone neutral reduces the risk of questions later.

A friend, neighbour or colleague is usually a safer choice than a close relative.

Who can witness an attorney’s signature?

Attorneys must also sign the LPA. Their signatures must be witnessed too.

The witness must:

  • Be aged 18 or over
  • Be physically present when the attorney signs
  • Not be the donor

An attorney can witness another attorney’s signature, as long as they meet the normal witness requirements. The restriction only applies to witnessing the donor’s signature.

One person can witness multiple attorneys, provided they are present each time.

Can the certificate provider act as a witness?

The certificate provider has a separate legal role.

They confirm that the donor understands the LPA and is not under pressure.

Because of this independent safeguarding role, they should not witness signatures on the same document. Mixing roles can lead to rejection.

Keeping each role clearly separate is the safest approach.

Does the witness need to be a professional?

No.

You do not need a solicitor, doctor or other professional to witness a lasting power of attorney.

The key requirement is that the witness meets the legal criteria and is independent where necessary.

Many people use a trusted friend or neighbour.

What are the most common witnessing mistakes?

Common errors include:

  • An attorney witnessing the donor’s signature
  • Signing in the wrong order
  • The witness not being present in person
  • Missing signatures or dates

Remote witnessing is not allowed for paper LPAs. Signatures must be made in ink.

How can you avoid problems?

Take your time.

Read the guidance carefully before anyone signs.

Make sure the right people witness the right signatures, in the correct order.

At Power of Attorney Online, we guide you step by step through the lasting power of attorney process. Clear instructions help reduce the risk of rejection and give you confidence that your LPA is legally valid.

Getting the witnessing right protects your application and the people who may need to rely on it in the future.

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