Who Can Witness an LPA?

28th August 2025

Creating a Lasting Power of Attorney (LPA) is one of the most important steps you can take to protect your future, but getting the signing and witnessing process right is just as crucial. One of the most common questions people ask is: who can witness an LPA?

Let’s break it down clearly, so you can get it right first time.

Why Witnessing Matters

The witness’s role is simple but legally essential: they must physically watch the person signing the form and then add their own details and signature. If the witnessing isn’t done correctly, your LPA could be rejected by the Office of the Public Guardian (OPG), which may cause delays or force you to start the process again.

Who Can Witness an LPA?

✅ For the Donor (the person making the LPA):

• Must be witnessed by someone over 18
• The witness cannot be an attorney or a replacement attorney
• Ideally someone who’s independent, not a relative or someone who benefits from the LPA

✅ For the Attorney(s):

• Must be witnessed by someone over 18
• The witness cannot be the donor or another attorney

✅ For the Certificate Provider:

• Cannot act as a witness for the donor or attorney
• This is a separate role entirely and must be impartial

✅ Witnesses must:

• Be physically present at the time of signing (no virtual witnessing)
• Understand what they are doing and be mentally capable
• Sign in ink (no digital signatures)

Common Mistakes to Avoid

• Letting the attorney sign before the donor: The donor must sign first in all cases.
• Using the same person to witness both the donor and attorney’s signature: this is only okay if they meet the criteria for both.
• Choosing a witness who stands to benefit from the donor’s estate or decisions.
• Allowing a certificate provider to act as a witness. This will invalidate the form.

Can a Family Member Be a Witness?

In most cases, yes, as long as they’re not listed on the LPA as an attorney or replacement attorney. However, it’s best practice to choose someone independent wherever possible to avoid any potential challenges or questions down the line.

Make It Easy With Guided Support

Getting your LPA witnessed correctly can feel a bit overwhelming, especially with multiple signatories and strict rules. That’s why using a guided service like Power of Attorney Online can make the process faster, easier and far less stressful.

We walk you through who signs what, and when, with clear prompts and real-time checks to avoid costly mistakes.

Don’t risk having your LPA rejected over a simple signature. Get step-by-step support and peace of mind with Power of Attorney Online.

👉 Start your LPA the smart way