Solicitors frequently receive questions from clients about complex legal issues that require extensive research and detailed explanations. However, we also get straightforward questions about common documents, such as Lasting Powers of Attorney (LPA).
A frequent question from clients regarding Lasting Powers of Attorney (LPA) documents is: Who is permitted to witness the signing of my LPA?
What is an LPA?
An LPA is a legally binding document that allows an individual (the donor) to appoint one or more people (the attorneys) to make decisions on their behalf. There are two types of LPAs:
- Property & Finance
- Health & Welfare
Who signs an LPA?
Both the donor and the attorneys must sign the LPA documents. These signatures must be witnessed by another person who is physically present. Remote witnessing via online or video call is not permitted. Additionally, a Certificate Provider signs the LPA, but their signature does not require a witness.
Who can be a witness for my LPA?
Almost anyone can witness an LPA, provided they meet certain criteria. The witness must be over 18 and not named as an attorney or replacement attorney in the document. Each attorney’s signature must also be witnessed, but the donor cannot act as a witness. Another attorney can witness the signature.
For transparency, especially in cases where family members might have concerns, it is recommended that witnesses are independent and not related to the donor or attorneys. Ideal witnesses include friends, neighbours, or colleagues.
How can we help?
Emma Lewin is an Associate in our expert Wills and Probate team. She advises on Wills, estate administration (including intestate estates), Grants of Probate, Powers of Attorney and Surrogacy Wills.
If you have any questions regarding Enduring Powers of Attorney or Lasting Powers of Attorney, please contact Emma or another team member in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.
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