Who can witness an attorney’s signature on an LPA?

When setting up of a Lasting Power of Attorney(LPA), several people must sign the document and there are rules who can, and in what order it should be done

Following the correct process is essential because mistakes can cause delays or, worse, your application for an

LPA to be rejected.

Fortunately, the requirements are simple once you understand them.

Who can witness an attorney’s signature on an LPA?

An LPA is a legal document that lets you (the ‘donor’) appoint one or more trusted people (your ‘attorney(s)’) to

make decisions on your behalf if you lose mental capacity or need help managing your affairs.

These attorney(s) can step in to carry out your wishes in relation to your finances, property, and health and

welfare.

When an attorney signs an LPA, there must be an appropriate person present who witnesses their signature to

confirm that it’s genuine.

That witness must:

Be aged 18 or over

Not be the donor (that is, the person making the LPA)

Be physically present when the attorney signs the document

Not be directly involved in the same part of the LPA (for example, the donor cannot witness an

attorney’s signature)

The witness does not need to have any specific qualifications; many people have a friend, neighbour, or

colleague act as one for them.

Who else needs to sign an LPA?

An LPA must be signed and witnessed by several different people for it to be legally valid.

That includes:

The donor: The person creating the LPA. They sign to confirm they understand the document, consent to appointing an attorney, and have not been pressured into the decision by others

The attorney: The person/s being appointed by the donor to make decisions on their behalf. The attorney signs to formally accept their position and confirm they understand their legal duties and will act in the donor’s best interests

The certificate provider: A person who knows the donor and signs to confirm that they understand the significance of the LPA, have the mental capacity to create it, and have not been pressured to do so.

Witnesses: Those present to witness the LPA being signed. They verify the signatures are genuine, confirm the donor’s and the attorney’s identities, and the date of signing

What are the rules for witnessing an LPA?

When the donor and an attorney sign an LPA, there must be someone present to witness their signatures.

A witness is not required when the certificate provider signs.

If the donor has also appointed a replacement attorney, then this person must also sign the LPA and have their

signature witnessed.

The rules for witnessing an LPA are straightforward, but they must be followed exactly for it to be valid.

As well as meeting the criteria identified above, they must also be physically present to witness the signing; it

can’t be done remotely or over a video call.

The same person is able to witness multiple signatures if they meet the requirements.

If the signing order is incorrect or rules aren’t followed, the LPA may be rejected by the Office of the Public

Guardian, meaning you may need to complete the process again.

What is the correct signing order for an LPA?

Each signature must be dated, and if the dates indicate that the correct signing order wasn’t followed, then the

application will be rejected.

The correct signing order is:

The donor
The certificate provider
The attorney/s

Arrange a free consultation with Honey Legal

Thinking about setting up a lasting power of attorney?

For clear, expert guidance, speak to our team of LPA specialists at Honey Legal.

Unlike many traditional law firm, our solicitors specialise exclusively in estate planning.

We’ve helped thousands of families across England and Wales to plan for the future and take time to gain a clear
understanding of your circumstances to ensure your LPA is tailored to capture your wishes accurately.

Ready for your free initial consultation? Face-to-face meetings in the comfort of your home (family members
welcome) help us to provide a comprehensive service for this important decision.

📞 Call us on 0800 9 500 100
📧 Email us at enquiries@honeylegal.co.uk

Alternatively, if you’d like to learn more about Honey Legal and how we work or are eager to explore other
areas of estate planning, feel free to explore our helpful FAQs page.

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