How Do I Ensure the Witness for My LPA Is Valid and Accepted?

27th February 2026

Valid LPA Witness Rules Explained is one of the most important questions you can ask when setting up a lasting power of attorney. A simple witnessing mistake can lead to rejection, delays and extra cost.

If you want your LPA to be accepted first time, you need to understand exactly who can witness and how the signing process works.

Here is what you need to know.

What Are the Legal Requirements for an LPA Witness?

In England and Wales, a witness must:

• Be aged 18 or over
• Be physically present when the person signs
• Have mental capacity
• Not be disqualified under LPA rules

The LPA must be signed in the correct order before it is sent to the Office of the Public Guardian for registration.

Remote witnessing is not allowed.

The witness must see the signature being made in person.

Who Can Witness the Donor’s Signature?

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

The donor’s witness must be completely independent.

They cannot be:

• An attorney named in the LPA
• A replacement attorney
• A family member of an attorney
• The certificate provider

This rule exists to prevent conflicts of interest.

Even if someone is trustworthy, if they are too closely connected to the arrangement, the LPA could be rejected.

Who Can Witness an Attorney’s Signature?

The rules are slightly different here.

An attorney can witness another attorney’s signature, provided they meet the standard witness requirements.

However, an attorney cannot witness the donor’s signature.

This is a common point of confusion.

Keeping these roles separate is essential.

Should a Family Member Act as Witness?

Technically, some family members can act as witnesses if they are not named in the LPA and are not closely connected to an attorney.

However, it is rarely best practice.

If the LPA is ever questioned, independence becomes important.

We usually recommend choosing a friend, neighbour, colleague or professional who has no involvement in the LPA.

It reduces risk and avoids doubt.

What Are the Most Common Witness Mistakes?

We regularly see LPAs rejected for avoidable errors.

Common problems include:

• Signing in the wrong order
• Using the same person for conflicting roles
• Witness not present at the time of signing
• Incorrect or incomplete details

Over 50,000 LPAs are rejected each year due to errors.

Many of these relate to signing and witnessing.

How Can I Be Confident My Witness Will Be Accepted?

Ask yourself these simple questions:

• Is the witness over 18?
• Are they independent of the LPA?
• Are they present in person when signing?
• Are they not acting as certificate provider or donor’s attorney?

If the answer to all is yes, you are likely compliant.

If you are unsure, pause before signing.

It is much easier to check beforehand than to correct mistakes after submission.

Final Thoughts

To ensure your LPA witness is valid and accepted, focus on independence, correct signing order and in person witnessing.

Small details matter.

At Power of Attorney Online, we guide you step by step through the signing process so your lasting power of attorney meets the requirements of the Office of the Public Guardian and avoids unnecessary delays.

Getting the witness right is not complicated, but it does require care.