Can a Family Member Witness Power of Attorney in the UK?
Can a family member witness power of attorney? This is one of the most common questions we hear when people begin preparing a Lasting Power of Attorney (LPA). Ensuring that your LPA is signed and witnessed correctly is critical to its legal validity. In this article, we’ll explain exactly who can and cannot witness your LPA, why proper witnessing is essential, and how to avoid the most common errors.
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Understanding Witness Requirements for Power of Attorney
When completing a Lasting Power of Attorney in the UK, having a suitable witness is essential. The witness’s role is to ensure that the LPA is signed willingly and knowingly, safeguarding against fraud or coercion.
Can a Family Member Witness Power of Attorney Forms?
While it might seem convenient, a close family member usually cannot witness a power of attorney. If the family member is also listed as an attorney or replacement attorney, they are automatically disqualified from witnessing any part of the form. Independence is key—the witness must not benefit from the LPA.
Who Can Legally Act as a Witness?
Anyone acting as a witness must meet the following criteria:
- Be over 18 years of age
- Have full mental capacity
- Be independent and not listed as a donor, attorney, or replacement attorney in the same LPA
This means friends, neighbours, work colleagues, and legal professionals are often appropriate choices.
Can a Family Member Ever Be a Witness?
Yes, but with limitations. If the family member is not a named party on the LPA and has no vested interest in the outcome, they may act as a witness. However, to avoid any appearance of bias or conflict of interest, it’s always better to use someone completely independent.
Witnessing an LPA: Step-by-Step
Here’s how to properly witness an LPA form in the UK:
- The donor signs Section 9 of the form in the presence of the witness
- The witness signs and dates the form immediately after
- Each attorney then signs Section 11 in the presence of their own witness
- The certificate provider signs to confirm the donor understands the LPA
All signatures must be original, completed in ink, and in the correct order. Remote witnessing via video call is not currently accepted.
Why Does Witnessing Matter?
Incorrect witnessing is one of the top reasons LPAs are rejected by the Office of the Public Guardian. Improperly completed forms can lead to significant delays, additional fees, or even invalidate the entire LPA.
Key Roles in the LPA Process
Besides the witness, there are two other vital roles in the LPA process:
- The Donor – the person granting authority
- The Attorney(s) – the individuals appointed to make decisions on the donor’s behalf
- The Certificate Provider – someone who verifies that the donor understands the LPA and is not under pressure
Understanding who can and cannot fulfill each role is essential for ensuring your LPA stands up legally.
What If a Witness Is Not Eligible?
If an ineligible person acts as a witness, the LPA will likely be rejected by the OPG. This can cause significant delays and may require the entire form to be resubmitted—often weeks later. For peace of mind, many people turn to legal professionals to act as witnesses.
Common FAQs About LPA Witnessing
Can a solicitor be my witness?
Yes, solicitors can act as professional witnesses and are a popular choice for ensuring the LPA process is legally compliant.
Can multiple signatures be witnessed by the same person?
Yes, as long as the witness is eligible and present at each individual signing.
Is ID required from witnesses?
No ID is required to submit the LPA, but you may want to keep a record of who acted as witness for your own records.
Top Tips for Choosing the Right Witness
- Choose someone neutral with no involvement in the LPA
- Avoid spouses, children, or attorneys named in the document
- Consider using a solicitor if the situation is complex
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Conclusion: Choose Your Witness Wisely
So, can a family member witness power of attorney? The answer depends. If they are not named in the document and meet all legal requirements, it may be allowed—but it’s not ideal. The witness must be over 18, have mental capacity, and remain independent from the LPA’s provisions.
Incorrect witnessing is a common reason LPAs are rejected, so it’s vital to get it right. If in doubt, seek professional help. At MP Estate Planning, we simplify the process so you can focus on what matters most—protecting your family’s future.
Ready to ensure your LPA is watertight? Book a call with our team or explore our pricing to get started today.