Who Can Witness a Lasting Power of Attorney?
Setting up a Lasting Power of Attorney, or LPA, is one of the most important legal steps you can take to protect yourself and your family if life takes an unexpected turn. It gives you peace of mind that if you ever lose mental capacity, the people you trust most can step in and make decisions on your behalf. But many people don’t realise that how your LPA is signed and witnessed is just as important as the decisions you make within it. One of the most common questions we hear at Complete Estate Protection is: who can witness a Lasting Power of Attorney? Getting this right is crucial because even the smallest mistake with signatures or witnesses can make your LPA invalid — and that could leave your family facing stress and legal battles at the worst possible time. In this blog, we’ll explain exactly who can witness an LPA, why it matters, and how you can avoid common pitfalls.
Understanding How an LPA Works
Before we look at who can witness a Lasting Power of Attorney, it helps to understand the process as a whole. An LPA is a legal document that lets you (known as the ‘donor’) appoint one or more trusted people (known as your ‘attorneys’) to make decisions for you if you ever lose capacity. There are two types: one for property and financial affairs and another for health and welfare. You can make one type or both, depending on your needs. To be valid, an LPA must be completed correctly, signed by you, signed by your chosen attorneys, and then signed by a certificate provider. Each of these signatures must be properly witnessed by someone who meets the legal requirements. If even one of these signatures is not witnessed correctly, your LPA could be rejected when it’s sent for registration — leaving your loved ones with no legal authority to help you when they may need to act quickly.
Why Does an LPA Need Witnesses?
The witnessing requirement in an LPA is there to protect you, the donor. It helps to make sure that you and your attorneys are signing the document willingly and with full understanding of what you’re doing. Witnesses add a layer of security because they confirm that you have signed the LPA voluntarily, and that you were not under pressure or influence from someone who might try to abuse their position later on. Having proper witnesses also helps prevent fraud and protects the integrity of the entire process. The Office of the Public Guardian, which registers all LPAs in England and Wales, takes these safeguards seriously. An incorrectly signed or witnessed form can delay registration by weeks or even months — and in some cases, you might have to start the entire process again. This is why it’s always worth taking your time to understand who can witness your signature and that of your attorneys, so you don’t run into avoidable problems later on.
Who Can Witness the Donor’s Signature?
The donor is the person making the LPA. As the donor, you must sign the form in front of an independent witness. That witness must be over 18 years old, have mental capacity themselves, and not be someone named as an attorney on the same LPA. For example, if you’ve appointed your son or daughter as your attorney, they cannot witness your signature. It’s also important that your witness is genuinely independent. Ideally, they should not be a close family member who will benefit from your estate, although the law does not specifically forbid it. Many people choose a trusted friend, neighbour, or a professional adviser. For example, at Complete Estate Protection, we often act as witnesses for our clients because it gives everyone peace of mind that the process is being handled correctly and impartially. You should sign your part of the LPA first, then the witness should sign straight away, adding their full name and address details. This avoids any confusion later if there is ever a question about who witnessed the document.
Who Can Witness the Attorneys’ Signatures?
After you have signed as the donor, your chosen attorneys must sign their section of the LPA to confirm they understand their duties and accept their role. Just like the donor’s signature, each attorney’s signature must be witnessed correctly. The rules for witnessing an attorney’s signature are very similar: the witness must be over 18, have mental capacity, and must not be the donor. Likewise, an attorney cannot witness another attorney’s signature on the same LPA. For example, if you have appointed two attorneys — say, your brother and your best friend — they cannot witness each other’s signatures. You’ll need an independent person for each attorney. Again, it’s best practice to choose someone with no direct interest in the LPA. It’s very common for a solicitor, local adviser, or even a trusted neighbour to help out in this role. At Complete Estate Protection, we often support families in Stockton, Ingleby Barwick and nearby areas by acting as witnesses for all parties, ensuring there’s no risk of an invalid document down the line.
The Role of the Certificate Provider
While not technically a witness, the certificate provider plays another vital part in validating your LPA. This is the person who signs to confirm that you, the donor, understand what you’re doing, have not been pressured, and have the mental capacity to make an LPA at the time of signing. A certificate provider must be someone independent. They can be a professional, such as your GP, solicitor, or an adviser who specialises in estate planning. Alternatively, they can be someone who has known you personally for at least two years but who is not a family member or an attorney. Their job is to make sure you understand your decision and that no one is forcing you into it. Choosing a good certificate provider is just as important as choosing the right witnesses. If the certificate provider’s part of the form is incomplete or incorrect, the Office of the Public Guardian can reject the whole LPA. That’s why getting expert advice and a properly qualified certificate provider is a sensible step.
Common Mistakes People Make with Witnesses
One of the most common mistakes people make is thinking that attorneys can witness each other’s signatures or that a spouse can act as a witness for everything. While it might seem convenient, these shortcuts can cause huge problems if they’re discovered during the registration process. Another pitfall is failing to witness the signatures in the right order. Your signature as the donor must be witnessed before your attorneys sign, and the certificate provider must sign after you’ve signed but before the attorneys do. Mixing up this order can make your LPA invalid. It’s also surprisingly common for people to forget to include full witness details, like their name and address. Without this information, the Office of the Public Guardian might reject your application or request extra evidence, which can mean frustrating delays.
Why Getting the Witnessing Right Matters So Much
It can be tempting to see witnessing as a minor detail, but it really isn’t. The signature and witnessing process are the legal backbone that makes your LPA valid and usable. If your health deteriorates suddenly or you lose mental capacity without a valid LPA, your loved ones will have to apply to the Court of Protection to gain authority to make decisions for you. This is often stressful, costly and time-consuming — exactly the situation an LPA is designed to prevent. In short, you can do everything else right, but if your signatures are not witnessed properly, your family could face a legal mess at a time when they most need certainty and support. Taking care now saves you and your loved ones from extra heartache down the line.
Can You Use a Professional to Witness an LPA?
Many people choose to have their LPA signing supervised by a solicitor or professional adviser. This is often a wise decision because it removes doubt about whether the witness was genuinely independent and understood what they were doing. A professional witness will make sure that the order of signing is correct, that everyone is physically present when required, and that there are no errors or blank spaces that might later cause a problem. This peace of mind is especially valuable for families with complex situations, or when there is any risk that your LPA could be challenged in the future.
What If You Can’t Be in the Same Room?
Some people ask if you can witness an LPA signature via video call or online. Under current law in England and Wales, this is not allowed. The donor and the witness must be physically present in the same room when the signing takes place. This rule helps prevent fraud and ensures that everyone signing knows exactly what they are agreeing to. During COVID-19, many people asked if this would change, but the law remains clear that ‘wet ink’ signatures must be witnessed in person. If this is difficult, a local professional can help arrange a safe, compliant signing. For example, at Complete Estate Protection, we regularly visit clients at their homes around Stockton and Ingleby Barwick to help them sign in person, safely and legally.
Final Thoughts: Get Local Advice and Do It Right
Setting up a Lasting Power of Attorney is one of the most important ways you can protect your future and give your loved ones peace of mind. But it’s not just about filling in forms — it’s about making sure every detail is done correctly, especially when it comes to signing and witnessing. If you’re unsure about who can witness your LPA or worried about getting the process wrong, don’t leave it to chance. Talk to a local expert who understands the law and will guide you through every step. At Complete Estate Protection, we help families all across the North East make sure their LPAs are watertight, valid, and ready if they’re ever needed. Remember: a Lasting Power of Attorney can make all the difference when life doesn’t go to plan. By getting the witnessing right today, you protect your tomorrow.
Contact us today to start your journey toward securing your legacy.
