Who can and who cannot witness signatures on a Lasting Power of Attorney (LPA).
(in England and Wales only)
✅ Who can be a witness?
A witness must be:
✔ 18 or over
✔ Of sound mind
✔ Not the person signing the document at the same time
✔ Able to confirm they actually saw the person sign
They can be:
- A friend
- A colleague
- A neighbour
- A professional (e.g., solicitor)
The witness must be physically present and watch the person sign — remote or video witnessing is not allowed.
Who cannot be a witness?
A person cannot act as a witness if they are:
❌ An attorney named in the LPA
❌ A replacement attorney named in the LPA
❌ A spouse or civil partner of the donor or any attorney
❌ Someone who is blind or cannot understand what they are witnessing
WHO DOES WHAT IN A LPA.
Specific roles in the LPA
| Document section | Who signs | Who can witness? |
| Donor’s signature | The donor | Anyone eligible (as above) — not an attorney |
| Attorney’s signature | Each attorney | Anyone eligible (as above) — not the donor or another attorney signing at the same time |
| Certificate provider | Confirms donor’s understanding | No witness required for their signature |
Apply to Register The donor Must be signed after ALL OTHERS
QUICK REMINDER
A certificate provider is different from a witness — they ensure the donor understands the LPA and isn’t under coercive pressure. They must meet separate eligibility rules.
| A certificate provider cannot be a spouse or partner of donor or an attorney. They must be independent and qualified, or someone who has personally know the donor for more than 2 years. |
By the way, the document is signed as a deed so the Office of Public Guardian will not register it if there is any alteration or correction. They will refuse to register it and a fee may be payable.
And that’s it. Don’t hesitate to call if you want any help, guidance or someone to act as your certificate provider.