Who can witness an LPA?
Guidance from Estate Advisory Group
Any adult who is not an attorney or replacement attorney in the same document, and who actually watches the signature being made.
Requirements
- Aged 18 or over.
- Present in person and watching the signature happen.
- Willing to print their full name and address on the form.
- Not an attorney or replacement attorney in that LPA.
Who should not witness
- Any attorney or replacement in the same LPA.
- The donor, for an attorney's signature.
- Anyone who cannot be contacted later — the OPG occasionally queries signatures.
There is no rule against a witness being a relative. That restriction applies to the certificate provider, not to witnesses.
Practical points
Witnessing over video call is not accepted for LPAs — signatures must be made in person, in wet ink, on the same document. If attorneys live far apart, the form can travel between them by post, provided every signature is dated after the certificate provider signed. Our signing pack tells you exactly who signs which page, in what order, and who witnesses each one.
Common questions
Does the witness need to read the LPA?
No. They are only confirming that they saw the person sign, not endorsing the contents.
Can a care home employee witness?
For a witness, yes. But a care home owner, manager or employee cannot be the certificate provider where the donor lives there.
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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