Can an attorney be a witness?
Guidance from Estate Advisory Group
No. An attorney must not witness the donor's signature. Getting this wrong is one of the most common reasons an LPA has to be signed again from scratch.
The rules in short
- The donor's signature must be witnessed by someone who is not an attorney or replacement attorney in that LPA.
- Each attorney's signature must be witnessed too, and the donor cannot witness an attorney.
- Attorneys witnessing each other should be avoided — use an independent witness for each signature.
- A witness must be 18 or over and must physically watch the person sign.
Who to use
A neighbour, friend, colleague or adult who is not involved in the LPA. A witness can be a family member, unlike a certificate provider — this is the distinction that trips people up. Your certificate provider may also act as a witness to the donor's signature.
If it has already happened
It cannot be patched
You cannot cross out a witness and add another. The OPG will reject the application and the LPA must be completed and signed again on fresh forms, with the £92 fee payable again if it was already submitted.
Common questions
Can my spouse witness my signature?
Yes, provided they are not an attorney or replacement attorney in that same LPA. Many couples are each other's attorneys, in which case you need a different witness.
Can one witness sign for everyone?
One person can witness several signatures, but they must actually be present each time, and they must not be a party to the document.
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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group