Who can witness a lasting power of attorney?

Once you have made the decision to make a lasting power of attorney (LPA) it is crucial to complete the forms correctly. This includes observing the rules about witnessing your LPA. When it comes to making a lasting power of attorney, for your LPA to be legally effective when the time comes, you must first register it with the Office of the Public Guardian (OPG).

Where witnesses to an LPA have not followed the correct procedure or the LPA has been witnessed by someone unsuitable, the OPG will reject the documentation and ask you to submit fresh LPAs.

There are delays of up to 20 weeks on first registration of an LPA. If you are asked to resubmit your forms, you may effectively have to go back to square one. If you are time-sensitive due to someone’s old age, then this can present a real problem.

In this blog we will answer some common questions around LPA’s and who can witness them. Please be aware that this blog is for informational purposes only and should not be taken as legal advice.

Do I need a lasting power of attorney?

An LPA involves appointing someone you trust to either help you make decisions when you need it, or to make decisions entirely on your behalf when it would be otherwise unsuitable for you to self-direct things like healthcare and housing. Therefore, your LPA can have significant legal power over you, and you should always think carefully before making an LPA. A solicitor can advise you on what an LPA might mean for you and the process involved.

LPAs provide individuals with peace of mind and the reassurance that, should they become incapacitated, their wishes and their affairs will be looked after by someone they know and trust. This keeps external bodies, such as The Court of Protection, out of your personal decisions.

There is a widespread misconception that LPAs should only be made by older people nearing the end of their life. However, we advise clients of all ages to consider finding an LPA, as life is unanimously unpredictable.

What is the terminology used to talk about LPAs?

The language around LPAs can be confusing. The key terms are:

• Donor – this is the person who is making the LPA
• Attorneys – these are the individuals chosen by the donor to make decisions on his or her behalf should the LPA come into effect
• Witness – this is the person who witnesses the signature of the donor and the signatures of the attorney(s)
• Certificate provider – this is an individual who knows the donor and signs to confirm they have discussed the LPA with the donor, and that the donor fully understands what they are doing with nobody influencing them unduly. The certificate provider cannot be an attorney. Often the donor’s doctor or solicitor fulfils the role.

Who can sign a Lasting Power of Attorney?

The donor and attorneys must sign the LPA, and their signatures must be witnessed.

The certificate provider also signs the document although this signature does not require a witness.

Sometimes a donor appoints a replacement attorney as a back-up if the original attorney is unable to act. Replacement attorneys must also sign the document and have their signatures witnessed.

Who can be a witness for a Lasting Power of Attorney?

Witnesses must be independent and able to attest to the fact that the donor signed the LPA willingly. They are required to sign the LPA in the physical presence of the donor meaning that they can’t, for example, witness the LPA online via Zoom or another platform. Other points to note regarding the witnessing of powers of attorney include:

• Attorneys cannot witness the donor’s signature.
• The donor cannot witness his or her attorney’s signatures.
• If there is more than one attorney, they can witness each other’s signature.
• All witnesses must be over 18.

Overall the rules for LPA witnesses are straightforward. So long as they are not attorneys named in the LPA, family members can act as witnesses. Very often friends and neighbours are called on to act as a power of attorney witness.

Can a spouse witness a power of attorney in the UK?

Yes, an attorney’s spouse can witness their signature. Anyone can be the witness to a POA signature so long as they are aged 18 or over and fully able to understand the responsibilities they are taking on as an LPA.

Speak to our lasting power of attorney solicitors in Bristol

At Lyons Solicitors we offer a free first consultation to answer any questions you might have about lasting powers of attorney and help clarify the rules about witnessing your LPA.

To book a free initial consultation with our specialist lasting power of attorney solicitors in Chew Magna, Kingswood or Westbury-on-Trym and the wider Bristol area, please get in touch today.

You can use the contact details for each office or, alternatively, fill in the enquiry form to request a call back.