Who Can Witness Lasting Power of Attorney in the UK?
Who can witness Lasting Power of Attorney in the UK? This is one of the most important questions when preparing an LPA. Mistakes in the witnessing process can result in your application being rejected by the Office of the Public Guardian (OPG). That’s why understanding the rules is essential from the start.
This article explains who is legally allowed to witness a Lasting Power of Attorney in the UK, how to do it properly, and the most common mistakes to avoid.
Need help from a professional? Book a free consultation or check out our transparent pricing to see how we can assist you.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that enables you (the donor) to appoint trusted individuals (attorneys) to make decisions on your behalf if you lose capacity in the future.
There are two types of LPA:
- Property and Financial Affairs LPA – covers banking, bills, property, and finances
- Health and Welfare LPA – covers care decisions, medical treatment, and daily routines
Every LPA must be signed and witnessed correctly to be legally valid.
Understanding Witnessing a Power of Attorney
The act of witnessing a Power of Attorney is a formal safeguard that ensures every signature on the LPA is valid, voluntary, and made with mental capacity. Whether it’s for health, welfare, or financial decisions, the correct witness helps prevent fraud or future disputes. This is why it’s vital to get Power of Attorney witnesses right the first time.
Understanding Power of Attorney Witness Requirements
The role of a Power of Attorney witness is to confirm that the person signing understands what they’re doing and is not under pressure. Witnessing a Power of Attorney is a legal formality that protects all parties involved — especially the donor.
If the witness doesn’t meet the rules or isn’t present in person, the Lasting Power of Attorney may be rejected. This is why choosing the right witness for Power of Attorney is so important.
Why Witnessing a Lasting Power of Attorney Is Important
Witnesses confirm that each person signed the document voluntarily and with full understanding. An incorrect or missing witness signature can lead to rejection by the OPG, causing delays and extra costs.
You can learn more about the witnessing requirements directly from the UK government website.
Who Can Witness a Power of Attorney Signature in the UK?
Can a Solicitor Witness a Power of Attorney?
Yes, a solicitor can act as a witness to your LPA. Although it’s not a legal requirement, many people prefer using a solicitor for added assurance—especially if there’s any chance the document might be challenged.
Get expert help today to make sure your Power of Attorney is signed and witnessed correctly.
Who Can Witness the Donor’s Signature?
Anyone who:
- Is 18 or older
- Has mental capacity
- Is not an attorney or replacement attorney
Family members may act as witnesses, but it’s safer to choose someone impartial such as a neighbour or colleague.
Who Can Witness the Attorney’s Signature?
Witnesses must:
- Be 18 or over
- Have full mental capacity
- Not be the donor or another attorney signing the same LPA
Who Can Witness the Certificate Provider’s Signature?
This varies depending on the form version. Some LPA forms don’t require a witness for the certificate provider. When needed, the witness must not be a named party in the LPA.
Who Cannot Be a Witness?
- Anyone under 18
- Anyone without mental capacity
- Anyone named as an attorney or replacement attorney (for the donor’s signature)
- The donor (for attorney signatures)
Signing Order: How to Avoid Mistakes
- The donor signs first (with a witness present)
- The certificate provider signs second
- The attorneys sign last (each with their own witness)
All signatures must be done in person and dated the same day they are signed. Remote or pre-dated signing is not allowed.
Tips to Ensure Valid Witnessing
- Use neutral, independent witnesses
- Double-check the signing order
- Make sure all witnesses understand their role
- Keep a copy of all signed and witnessed documents
Learn more about how to properly sign and witness an LPA on the Law Society’s LPA resource.
LPA Witness Checklist
- ✔ Over 18 and has mental capacity
- ✔ Present at the time of signing
- ✘ Not named as attorney or donor
- ✘ Not a minor or mentally incapable person
Do Witnesses Have to Be Solicitors?
No, you don’t need a solicitor to act as a witness. As long as the person meets the age and mental capacity criteria and isn’t named in the document, they’re usually acceptable.
However, for peace of mind, many people prefer to have legal professionals handle the process. Book a free call today to get started with confidence.
Can Family Members Witness a Power of Attorney in the UK?
Yes, family members can act as witnesses—as long as they are not named as attorneys or replacement attorneys in the LPA. However, choosing a neutral third party (such as a friend or neighbour) may help avoid potential conflicts of interest.
Related Reading
- Can Power of Attorney Be Revoked?
- When Power of Attorney Is Needed
- How to Register a Lasting Power of Attorney
Common Witnessing Errors to Avoid
- Having an attorney witness the donor’s signature
- Incorrect signing order
- Witnesses not present during signing
- Using minors or people lacking capacity as witnesses
What Happens If a Power of Attorney Isn’t Witnessed Properly?
If a Lasting Power of Attorney (LPA) is not correctly signed and witnessed, it may be rejected by the Office of the Public Guardian (OPG). This means your attorneys will not have the legal authority to act on your behalf when needed most.
Here are some of the consequences:
- Your LPA will be invalid and must be redone from scratch
- You may face delays of several weeks — or longer
- Extra legal costs if errors are discovered late
- In urgent medical or financial situations, no one will be legally authorised to help you
Watch this quick explainer to understand the risks of getting the LPA process wrong:
Can You Use a Lasting Power of Attorney Online?
Yes, you can use the GOV.UK service to prepare a Lasting Power of Attorney online. However, the final document must still be printed and signed by all parties with proper witnessing. Digital signatures are not accepted.
Need help navigating the online process? Book a free consultation and we’ll guide you through each step.
FAQs About Who Can Witness Lasting Power of Attorney in the UK
Can my spouse witness my signature?
Yes, if they’re not named as an attorney or replacement attorney in the LPA.
Can one witness be used for multiple signatures?
Yes, provided each signing is done in person and the witness is eligible.
Can I use a doctor or solicitor?
Yes, and this may offer extra assurance, especially if capacity could be questioned later.
Can an LPA be rejected because of a witness?
Yes, if the witness is ineligible or if the signing was not properly witnessed in person, the Office of the Public Guardian may reject the application.
Does the witness need to know the person signing?
No, it is not required. In fact, choosing a neutral person who is not closely connected may strengthen the validity of the LPA.
Conclusion: Who Can Witness Lasting Power of Attorney in the UK?
Knowing who can witness Lasting Power of Attorney in the UK ensures your LPA is valid and accepted. Witnesses must be over 18, have full mental capacity, and be unconnected to the document as attorneys. Always follow the correct signing order and use in-person witnessing only.
Quick Answer: Who Can Witness a Power of Attorney?
To witness a Lasting Power of Attorney in the UK, a person must:
- Be 18 or over
- Have full mental capacity
- Not be named as an attorney or donor
Need help? Book a consultation today or view our affordable pricing options to protect your future with expert support.