Making a Lasting Power of Attorney can feel straightforward until you reach the signing stage and suddenly find yourself asking: Who can witness my LPA?
Making a Lasting Power of Attorney can feel straightforward until you reach the signing stage and suddenly find yourself asking: Who can witness my LPA?
Perhaps you have chosen your attorneys, completed the relevant sections and are ready to put the documents in place. Then you realise that signatures need to be witnessed, and you are not sure whether you can ask a family member, a friend, a neighbour or a professional.
It is an important question. Getting the signing process right is part of making sure your Lasting Power of Attorney can be registered and used as intended.
At Libra, we provide practical Lasting Power of Attorney (LPA) Help, Support & Guidance Online, helping people understand the process and avoid common mistakes. In this guide, we explain the role of an LPA witness, who can witness an LPA, how the signing process works and what to consider before you put pen to paper.
An LPA witness is someone who observes a person signing the relevant part of their Lasting Power of Attorney and then signs the document themselves as a witness.
Witnessing is an important part of the formal signing process. The witness is confirming that they have seen the relevant signature being made.
Being a witness does not mean that the person becomes an attorney. It does not give them authority over your finances, property, healthcare or personal welfare. It is a separate role within the LPA process.
This distinction is important because several different people can be involved in creating an LPA, including the donor, attorneys, witness and certificate provider. Each has a different purpose and responsibility.
One of the most common questions people ask is whether an LPA witness has to be a solicitor or another legal professional.
In many cases, the witness does not need to be a solicitor. The important point is that the person must meet the requirements for witnessing the particular signature involved and must actually witness that signature.
Before choosing someone, it is sensible to consider whether they are an appropriate and independent person to act as your witness and whether there is any potential conflict or other reason why they should not be used.
Rather than simply choosing the first person who is available, take a moment to check the requirements and make sure the signing process is followed correctly.
This is another common concern.
People often assume that family members are automatically excluded from acting as witnesses. However, the answer depends on the particular circumstances and the role the person has in relation to the LPA.
The important thing is not to rely on a general assumption that a relative can or cannot witness a particular signature. Consider their relationship to the donor, whether they are involved elsewhere in the LPA and whether they meet the relevant requirements.
If there is any uncertainty, getting appropriate guidance before signing is preferable to discovering a problem after the documents have been completed.
This is an area where care is particularly important because an attorney and a witness are different roles.
Your attorney is the person you appoint to make decisions on your behalf within the authority granted by the LPA. A witness, by contrast, is there to observe the relevant signature and confirm that they witnessed it.
The requirements can also differ depending on whose signature is being witnessed and at what stage of the LPA process.
For that reason, do not assume that because someone is your proposed attorney they can automatically witness every signature associated with your LPA. If you are unsure, check the requirements for the particular signing stage before proceeding.
In practice, using a separate suitable witness can often make the process clearer and help avoid unnecessary uncertainty.
No general rule says that an LPA witness must be a solicitor simply because they are witnessing a signature.
A solicitor or other professional may be involved in helping someone prepare their LPA, but that does not mean that every signature must be witnessed by a legal professional.
Some people may nevertheless prefer professional assistance because they want additional reassurance that the documents have been completed correctly, particularly if their circumstances are complicated or they have questions about the process.
The key issue is not whether the witness has a professional title. It is whether the correct person is witnessing the relevant signature in accordance with the requirements.
Although witnessing may seem like a simple formality, it is worth taking the process seriously.
The witness should actually observe the relevant person signing the document. A witness should not simply add their signature later because they have been told that the document was signed previously.
LPAs contain several sections and signatures, so it is important that everyone signs in the appropriate place.
Once the relevant signature has been witnessed, the witness completes the appropriate witness section.
The witness will need to provide the information requested in the relevant part of the LPA form. Make sure these details are completed accurately and clearly.
Before putting the documents away or sending them for registration, check that the relevant signatures, dates and witness information have been completed correctly.
A few minutes spent checking the paperwork can help prevent avoidable problems later.
The LPA signing process involves more than simply the donor signing a single page. Different people have different roles, and it is important to follow the required signing sequence.
The donor is the person creating the LPA. Their signature needs to be completed correctly and witnessed in accordance with the relevant requirements.
The donor should understand what they are signing and be making the LPA voluntarily.
Attorneys also have signing requirements. Anyone appointed as an attorney should take care to sign the correct sections and provide the information requested.
Do not assume that the witness arrangements for one signature automatically apply to every other signature in the document.
The certificate provider has a different role again.
The certificate provider is involved in confirming that the donor understands what they are doing and that they are making the LPA voluntarily, among other requirements.
This means that the certificate provider should not simply be thought of as another witness. Their role within the LPA process is different.
It can be helpful to think of these roles separately:
These roles exist for different reasons. Understanding the distinction can make the LPA process much easier to navigate.
There can be situations where the same person is involved in witnessing more than one signature, but this should never be assumed without checking the requirements for each particular signature.
The person must actually witness the relevant signature and must be an appropriate person for that role.
It is also important to follow the correct sequence. An LPA is not simply a document that everyone signs whenever convenient. The signing and certification process needs to be completed in the appropriate order.
If you are unsure whether the same individual can act in more than one capacity, it is sensible to obtain guidance before completing the document.
It can be tempting to ask whoever happens to be nearby. However, the witness needs to be an appropriate person for the role and the relevant signature.
The witness needs to actually see the relevant person sign. Having someone sign later as a witness to a signature they did not observe can create problems.
Remember that the donor, attorney, witness and certificate provider have different roles. Do not assume that someone who is suitable for one role is automatically suitable for another.
The LPA signing process follows a particular sequence. Completing signatures in the wrong order can cause complications, so it is worth checking the instructions carefully before anyone signs.
Missing signatures, dates or other required details can cause problems when the LPA is checked or submitted for registration.
Some people believe that every LPA must be witnessed by a solicitor. That is not generally the case. What matters is meeting the relevant requirements and completing the formalities correctly.
Although witnessing may only take a few moments, it forms part of the legal process of completing the LPA. Taking it seriously can help prevent unnecessary delays or difficulties.
Before you arrange for your LPA to be signed, consider the following:
Someone may have a trusted neighbour who is available and willing to witness their signature. A neighbour may potentially be suitable, provided they meet the applicable requirements and there is no reason they should not act in that capacity.
The important point is to check the requirements rather than assuming that only professionals can act as witnesses.
A family relationship does not automatically answer the question. The circumstances and the person’s involvement in the LPA need to be considered carefully.
If your daughter is also being appointed as an attorney, for example, it is particularly important to check the requirements that apply to the particular signature being witnessed rather than making assumptions.
Having your proposed attorney present does not necessarily mean they should automatically witness every signature. Attorney and witness are separate roles, and the requirements can vary depending on the signing stage.
If there is any doubt, using an appropriate separate witness can be a straightforward way of avoiding uncertainty.
Do not simply ask someone to add their signature afterwards without checking whether the signing process has been completed correctly.
The witness needs to observe the relevant signature. If you have already signed incorrectly or outside the required process, it is better to obtain appropriate guidance before making further changes to the document.
An incorrectly completed LPA can cause problems when it is submitted for registration. Missing information, incorrect signatures or problems with the witnessing process may result in delays or the document being rejected.
This is why it is much better to get the signing process right from the beginning rather than trying to correct problems later.
If you discover an error, avoid simply crossing things out, changing information or adding signatures without first checking what is required. The appropriate action can depend on the nature of the error and when it is discovered.
If you realise there is an issue with your witness after the document has been signed, do not assume that you can simply replace the witness or add a new signature.
The correct approach will depend on what has happened and whether the LPA has already been submitted or registered.
If an error is discovered before registration, it is worth obtaining appropriate guidance before making any amendments. Once an LPA has been registered, different considerations may apply.
The safest approach is to deal with any concerns before the documents are signed wherever possible.
The appropriate witness depends on the particular signature and the requirements that apply. The witness must be a suitable person who actually observes the relevant signature being made and completes the appropriate witness section.
No. An LPA witness does not generally need to be a solicitor simply because they are witnessing a signature. The important consideration is whether they meet the relevant requirements.
A family relationship does not automatically determine whether someone can act as a witness. Their circumstances and relationship to the donor and LPA should be considered, particularly if they have another role in the document.
This depends on the particular signature and circumstances. Because attorneys and witnesses have different roles, you should check the applicable requirements rather than assuming that an attorney can automatically act as a witness.
The important issue is whether the person meets the relevant requirements for witnessing the signature. They should be able to properly observe the signature and complete the required witness information.
Yes. A witness should actually observe the relevant signature being made. They should not simply sign afterwards because they have been told that the document was signed.
This may depend on the particular signatures and circumstances. Each signature must be witnessed in accordance with the applicable requirements, so do not assume that one witnessing arrangement automatically applies to every stage of the LPA.
An error in the signing or witnessing process can cause problems when the LPA is submitted for registration and may result in delays or the need to address the issue. If you are concerned about an error, obtain appropriate guidance before making further changes.
Choosing an LPA witness may seem like a small part of the process, but getting the details right can make a significant difference.
There are several different people and stages involved in creating an LPA, and it is easy for first-time applicants to become confused about who needs to do what. A clear understanding of the process can help you avoid unnecessary mistakes and feel more confident about completing your documents.
At Libra, we provide practical Lasting Power of Attorney (LPA) Help, Support & Guidance Online for people who want straightforward support without unnecessary jargon.
Whether you are preparing your first LPA, reviewing the signing process or simply want to understand who can witness your documents, taking the time to get the details right is worthwhile.
A witness plays an important role in the formal signing process for a Lasting Power of Attorney. Although witnessing a signature may only take a few moments, it should not be treated as something to rush through.
Remember the key points:
Most importantly, if you are unsure about who can witness your LPA or how the signing process should be completed, do not guess. Getting the right guidance before signing can help you avoid problems further down the line.
If you are looking for Lasting Power of Attorney Help, Support & Guidance Online, Libra is here to help you understand the process and move forward with confidence.
Get in touch with Libra today to find out how we can support you with your Lasting Power of Attorney.
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