The LPA Process

LPA Witness Requirements: Who Can Witness Your Signature?

9 January 2026
7 min read

LPA Witness Requirements

Getting the witness requirements right is essential. Incorrect witnessing is one of the top reasons LPA applications are rejected.

Basic Witness Requirements

Every witness must:

  • Be 18 years or older
  • Be mentally capable of understanding what they're witnessing
  • Be physically present when the person signs
  • Provide their full name, address, and signature

Who CAN Be a Witness?

✓ Friends ✓ Neighbours ✓ Work colleagues ✓ Other family members (with some restrictions—see below) ✓ Professionals (doctors, solicitors, etc.) ✓ Your attorney's spouse/partner (for the donor's signature)

Who CANNOT Be a Witness?

For the Donor's Signature:

✗ Anyone named as an attorney in the LPA ✗ Anyone named as a replacement attorney

For an Attorney's Signature:

✗ The donor ✗ Any other attorney named in the same LPA

General Restrictions:

✗ Anyone under 18 ✗ Anyone who lacks mental capacity

Can Family Members Be Witnesses?

Yes, with caution. Family members CAN witness signatures, except:

  • They cannot witness if they are named as an attorney
  • It's generally better to use independent witnesses to avoid any questions later

Witness Requirements by Section

Who's SigningWho Can Witness
Donor (Section 9)Anyone except named attorneys
Certificate Provider (Section 10)Anyone 18+ with capacity
Attorney (Section 11)Anyone except the donor or other attorneys
Replacement AttorneyAnyone except the donor or other attorneys

The Witnessing Process

Step 1: Prepare

  • Ensure the witness understands their role
  • Have ID ready if needed
  • Make sure the witness will be physically present

Step 2: Sign Together

  • The person being witnessed must sign WHILE the witness watches
  • The witness cannot sign later after being told "I signed earlier"

Step 3: Complete Details

The witness must add:
  • Full name (as it appears on official documents)
  • Full address (including postcode)
  • Signature

Common Witness Mistakes

Mistake 1: "I'll witness it later"

Wrong: Signing after the event, not having been present. Right: Witness must watch the person sign.

Mistake 2: Same witness for everyone

Wrong: Using the same person to witness donor AND attorney signatures when that person is an attorney. Right: Check each witness against the restrictions for that signature.

Mistake 3: Incomplete details

Wrong: Just a signature with no name or address. Right: Full name, full address, and signature required.

Mistake 4: Attorney witnessing donor's signature

Wrong: Having your attorney witness when you sign. Right: Use someone NOT named as an attorney.

Practical Tips

Finding a Witness

  • Ask a neighbour or friend
  • Use a work colleague
  • Ask at your local pharmacy or GP surgery
  • Some solicitors offer witnessing services

Remote Witnessing

As of 2026, LPA signatures must still be witnessed in person. Video witnessing is NOT valid.

Multiple LPAs

If you're creating both types of LPA, you can use the same witnesses for both, subject to the same restrictions.

What If You Make a Witnessing Mistake?

If you realise there's a problem:

  • Before submission: Start the section again
  • After submission: OPG will contact you. You may need to redo sections or restart
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