It is usual for the Certificate Provider on the Lasting Power of Attorney to oversee the Lasting Power of Attorney donors signature (the person whose LPA it is) – but it doesn’t have to be them.
Lasting Power of Attorney – choose with care.
It is dangerous to use anyone as a Witness Lasting Power Attorney who has any strong connection with any of the attorneys – it would be far more difficult to defend a claim of “undue influence” where the LPA witnesses are not totally independent of the attorneys, so we would always recommend using friends or independent third parties – such as next-door neighbours.
If you work with us to organise your LPAs we’ll help you chose the right witnesses – why not ask us for our FREE 2 minute guide to Legal Planning?
Can I be a Witness lasting power attorney ?
This will depend on whose signature you have been asked to oversee.
Donor’s signature on LPA
If you have been asked to observe the Donor’s signature:
• You can be a one if you are aged 18 or over and are not an Attorney appointed in the LPA you are signing.
• If you have already been asked to be the Certificate Provider, you can also be one if the Donor asks you to. This could be useful in circumstances where the Donor
is not able to find separate Witnesses and Certificate Providers.
Please note: You cannot oversee the Donor’s signature if you are an Attorney appointed in the LPA you are signing.
Attorney’s signature on Power of Attorney
If you have been asked to observe the Attorney’s signature, you are permitted to oversee if you are aged 18 or over and also if you are a Certificate Provider or another Attorney appointed in the LPA.
What are my responsibilities to Witness Lasting Power Attorney?
You are required to oversee the Donor or Attorney(s) (or both) signing and dating the LPA form. A different person could be used for each person who is signing and dating the form. You must ensure that you see the relevant person sign and date the form and you should not sign it unless you have seen this.
Witness Lasting Power of Attorney