Setting up a Lasting Power of Attorney (LPA) is a powerful way to make sure someone you trust can make decisions on your behalf if you ever lose the ability to do so. But for your LPA to be legally valid, it must be signed and witnessed correctly. In this guide, we explain who can act as a witness, the order of signing, and how to avoid common mistakes that could delay or invalidate your application.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney is a legal document that lets you choose one or more trusted people — known as attorneys — to make important decisions for you if you’re ever unable to make them yourself. This could happen due to an illness, accident, or simply as you get older.
Having an LPA in place means you stay in control of who manages your affairs, and gives you peace of mind knowing someone you trust is ready to step in if needed. There are two types of LPA, each covering different parts of your life:
1. Health and welfare LPA
This type of LPA allows someone of your choosing to make decisions about your health and personal care if you lose mental capacity. It covers:
Medical treatment and care options
Where you live, such as moving into a care home
Daily routine decisions, including diet and social activities
End-of-life care, including choices about life-sustaining treatment
A Health and Welfare LPA only takes effect if you lose mental capacity. Until then, you remain in full control of your own decisions.
2. Property and financial affairs LPA
This LPA gives your attorney the power to manage your money and property, making sure financial affairs run smoothly. It allows them to:
Access and manage bank accounts
Pay bills and handle day-to-day finances
Collect pensions and benefits
Buy, sell, or manage property
Make financial investments
Unlike a Health and Welfare LPA, this type of LPA can be used while you still have mental capacity. You can give the person authority to make decisions on your behalf.
Who signs an LPA?
For an LPA to be lawful, key people must sign the document in the correct order. This makes sure that the donor understands the arrangement and that no one is being pressured into signing.
The donor – The person setting up the LPA must sign to confirm that they are willing to appoint an attorney.
A certificate provider – This is a neutral party who signs to confirm that the donor understands the LPA. They need to confirm they are not under any pressure or influence.
The attorney(s) – Anyone appointed to act on behalf of the donor must sign to accept their role and responsibilities.
Witnesses – Independent witnesses must sign to verify the signatures of both the donor and attorneys.
You need to complete each signature in the correct order. If this doesn’t happen, the LPA may be rejected when it is registered with the Office of the Public Guardian (OPG).
Who can be a witness for an LPA?
A witness must be an independent adult (aged 18 or over) who is not involved in the LPA. Their role is to confirm signatures and make sure the process is carried out correctly.
Key rules for witnesses:
They can’t be an attorney named in the LPA.
They can’t be the donor (the person making the LPA).
They should not be related to the donor or attorneys.
They should not benefit from the LPA (e.g., they should not stand to gain financially).
Can a spouse be a witness?
A spouse or civil partner can act as a witness for an LPA - as long as they are not named as an attorney in the document. But to stop any conflict of interest, it’s recommended to choose an independent witness, such as a friend, colleague, or solicitor. This makes sure that the LPA is accurate if it's ever challenged in the future.
FAQs
Can a family member witness an LPA?
Yes, a family member can be a witness, as long as they are not named as an attorney in the LPA and will not benefit from it. Choosing an independent witness (such as a friend, colleague, or solicitor) is recommended. This can stop any potential conflicts.
Can an LPA be invalid if signed incorrectly?
Yes, if the LPA is not signed in the correct order, lacks valid witnesses, or has missing information, the Office of the Public Guardian (OPG) may reject it. This could delay the process and mean you need a new application. You should follow the correct signing order and use appropriate witnesses.
Can a solicitor witness an LPA?
Yes, a Lasting Power of Attorney solicitor or legal professional can act as a witness. They may also serve as the certificate provider (confirms the donor understands and is not under pressure to sign the LPA.) Many people choose a solicitor to help make sure the process is lawful.
Final thoughts
Setting up a Lasting Power of Attorney (LPA) is a key step in planning for the future — but getting the signing and witnessing process right is just as important as choosing your attorneys. If it’s not done correctly, your application could be delayed or rejected, which can cause stress at an already difficult time.
Taking care over who signs, in what order, and who witnesses each part helps protect your wishes and ensures your LPA is legally sound and ready to use when needed. If you're unsure at any stage, getting legal advice can give you clarity and confidence that everything is in place.
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Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.