Who Signs Power of Attorney in the UK? A Complete Legal Guide
Setting up a Power of Attorney (POA) is a crucial step in estate planning, but many people are unsure about who signs Power of Attorney in the UK. Understanding who must sign—and in what order—is essential to ensure your document is legally valid and enforceable.
This comprehensive guide explains who signs a Power of Attorney, what role each person plays, and the legal steps required to complete the process correctly. Whether you’re the donor or an attorney, clarity around signatures is key to avoiding costly delays or rejection from the Office of the Public Guardian (OPG).
If you’re looking for expert help setting up a POA, you can book a free consultation with our team, or review our pricing to find the right service for you.
Understanding Who Signs a Power of Attorney
A Power of Attorney is a legal document that gives someone else (your attorney) the authority to make decisions on your behalf. To make it legally binding, several people must sign the document in a specific order, each fulfilling a specific legal function.
Key Parties Involved in Signing a POA
Here are the individuals who must sign a UK Power of Attorney:
- The Donor – The person granting authority
- The Certificate Provider – Confirms the donor understands and is not under pressure
- The Attorney(s) – The person(s) given legal power
- Witnesses – Independent parties who observe signatures
Each of these roles must be completed in a legally prescribed order, with specific rules around who is eligible to sign and how the signatures are witnessed.
Step-by-Step: Who Signs Power of Attorney and When
Let’s break down the process of who signs, when they do it, and what you need to be aware of.
1. The Donor Signs First
The donor is the person creating the Power of Attorney. They must sign the form first and confirm they understand what they’re doing.
- Signature Requirements: Must sign the LPA form (or OPG-approved template) in the presence of a witness.
- Witness: Must be 18 or older and not one of the attorneys.
2. The Certificate Provider Signs Next
This is an independent individual who confirms that the donor:
- Understands the POA
- Isn’t being pressured
- Is acting of their own free will
The certificate provider can be:
- A professional (solicitor, doctor, accountant, social worker)
- Someone who has known the donor personally for at least 2 years
They must sign after the donor and before the attorneys.
3. The Attorney(s) Sign
Each attorney named in the document must sign to confirm they accept the role and understand their responsibilities under the Mental Capacity Act 2005.
- Signature Requirements: Signed in the presence of a witness who is not the donor.
- Witness: Must be 18 or older and not involved in the POA.
Attorneys should not sign until the certificate provider has completed their part.
4. Witnesses Sign Throughout
Every signature—including those of the donor and attorneys—must be witnessed by someone who meets the legal requirements:
- Must be over 18
- Must not be the donor or any of the attorneys
- Must be present when the signature is made
Each witness must add their own name, signature, and address on the form.
Order of Signatures: Why It Matters
The signing order is critical. If the form is signed out of sequence or by ineligible individuals, it may be rejected by the Office of the Public Guardian. The correct order is:
- Donor signs (with witness)
- Certificate provider signs
- Attorney(s) sign (with witnesses)
Only once all parties have signed can the document be sent to the Office of the Public Guardian for registration.
How Long Do You Have to Complete All Signatures?
Once you start the POA process, all signatures should ideally be completed within a few weeks. The OPG advises that documents older than 12 months may be scrutinised more closely, especially if capacity issues are in question.
To avoid delays, it’s best to coordinate signatures quickly and register the document promptly.
Can a Power of Attorney Be Signed Online?
As of now, a Power of Attorney in the UK cannot be fully signed digitally. While the forms can be completed online via the GOV.UK portal, the final documents must still be:
- Printed
- Signed physically by hand
- Witnessed in person
The Ministry of Justice is piloting a digital LPA system, but full implementation is not yet live. Until then, physical signatures and witnesses are required.
Common Mistakes When Signing a POA
Incorrect signatures are a major reason for delays or rejected applications. Here are some key things to avoid:
- Wrong signing order
- Using the same witness for conflicting roles (e.g. donor and attorney)
- Witnessing a signature without being physically present
- Missing details like dates, addresses or witness signatures
If you’re unsure about any part of the process, it’s safer to seek legal support. Book a free consultation with our team to ensure everything is completed properly.
FAQs About Who Signs a Power of Attorney
Can the same person witness all signatures?
Yes, as long as they meet the legal requirements and are not the donor or one of the attorneys. However, they must be physically present for each signature.
Can family members sign as witnesses?
Yes, unless they are named as attorneys or donors. However, for impartiality, using someone independent is often recommended.
Can an attorney witness another attorney’s signature?
No. Attorneys cannot witness each other’s signatures. An independent adult must witness each attorney’s signing.
Can a certificate provider also be a witness?
Technically yes, but it is generally best to keep these roles separate to avoid any conflict of interest or risk of rejection.
Can I sign a POA if I don’t live in the UK?
Yes. Non-UK residents can be attorneys or witnesses, but the signing and witnessing must still meet UK legal requirements. Consider notarisation if signing abroad.
Conclusion: Why Signing Matters in a Power of Attorney
Knowing who signs Power of Attorney in the UK is vital for ensuring your legal document is valid, registered, and ready when you need it. From the donor to the certificate provider and attorneys, each signature plays a specific role—and must follow strict legal guidelines.
Whether you’re setting one up for yourself or helping a loved one, professional support can save time and reduce the risk of errors. At MP Estate Planning, we specialise in making the process seamless from start to finish.
Book a free consultation today to discuss your POA options or explore our fixed-fee pricing for complete peace of mind.