Can Family Members Witness a Lasting Power of Attorney in the UK?
22nd August 2025
Setting up a Lasting Power of Attorney (LPA) is one of the most important steps you can take to protect your future. But to be legally valid, the form must be signed in a very specific order and witnessed correctly.
One of the most common questions we get is: “Can a family member witness a Power of Attorney?”
The answer depends on who they are and what role they’re playing in your LPA.
Who Can Witness an LPA?
In the UK, the rules for witnesses are strict to prevent fraud and undue influence. Here’s what you need to know:
- A witness must be an independent adult (aged 18 or over)
- They must be present in person when you or your attorney sign
- They must be mentally capable of understanding what they are witnessing
Can a Family Member Be a Witness?
Yes, some family members can be witnesses, but with key restrictions:
- They cannot be named on the LPA as an attorney, replacement attorney, or certificate provider
- Ideally, they should not be closely related to the person signing (e.g., spouse, child, parent)
- If they are not directly involved in the LPA and are over 18, they may be allowed, but at Power of Attorney Online we strongly discourage it
Why? Because the Office of the Public Guardian (OPG) could question the independence of a close family member, especially if things go wrong later.
Who Should Witness Instead?
To avoid delays or rejections, we recommend choosing someone who is:
- Not named anywhere in your LPA
- Not a close relative
- Not a beneficiary of your estate
- Preferably someone neutral like a friend, neighbour, work colleague, or even a professional (e.g. GP, teacher, solicitor)
What Happens If You Choose the Wrong Witness?
If you choose someone who doesn’t meet the legal requirements, your entire LPA application could be rejected. This results in:
- Costly delays
- Additional registration fees
- Stress at an already difficult time
Unfortunately, over 50,000 LPAs are rejected every year for errors like these.
In Summary
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.
