Short answer: Yes, family members CAN witness an LPA signature, with one important exception - they cannot be an attorney named in that LPA. However, the certificate provider has stricter rules.
The Two Roles: Witness vs Certificate Provider
People often confuse these two different roles:
Witness
Simply watches you sign and then signs to confirm they saw it. Less strict rules.
Certificate Provider
Certifies that you understand the LPA and aren't being pressured. Stricter rules about who can do this.
Witness Rules
Who CAN Be a Witness?
- Anyone aged 18 or over
- Family members (spouse, children, siblings, etc.)
- Friends
- Neighbours
- Colleagues
Who CANNOT Be a Witness?
- Anyone named as an attorney on that LPA
- Anyone named as a replacement attorney
- Anyone under 18
Common Scenarios
| Scenario | Can They Witness? |
|---|---|
| Spouse (not an attorney) | Yes |
| Spouse (named as attorney) | No |
| Child (not an attorney) | Yes (if 18+) |
| Child (named as attorney) | No |
| Sibling | Yes (if not an attorney) |
| Friend, neighbour, colleague | Yes (if not an attorney) |
Certificate Provider Rules
The certificate provider has a more important role - they confirm that you:
- Understand what the LPA is
- Understand the powers you're giving
- Are not being pressured or tricked
Two Options for Certificate Provider
Option 1: Someone who has known you personally for at least 2 years
- Cannot be a family member
- Cannot be an attorney or replacement attorney
- Cannot be a family member of an attorney
- Must be 18 or over
Option 2: A professional (no 2-year rule)
- Solicitor, barrister, or legal executive
- Doctor
- Registered nurse
- Social worker
- Independent Mental Capacity Advocate
Common Mistakes to Avoid
Mistake 1: Attorney witnessing their own appointment
If John is your attorney, John cannot witness your signature. He can witness another attorney's signature, but not yours.
Mistake 2: Using family as certificate provider
Your daughter cannot be your certificate provider, even if she's not an attorney. Ask a friend or professional instead.
Mistake 3: Same person witnessing all signatures
While one person CAN witness multiple signatures, be careful about the attorney issue. The same witness cannot sign for you AND be appointed as an attorney.
Mistake 4: Witnesses signing at different times
The witness must be physically present when you sign and must sign immediately after.
Practical Tips
For the Donor's Signature
Choose a witness who is:
- NOT named as an attorney
- Available and willing
- Aged 18 or over
For the Certificate Provider
Good options include:
- A long-standing friend (2+ years)
- Your GP or another doctor
- A solicitor (even if not the one helping with your LPA)
- A neighbour you've known for years
For Attorney Signatures
Each attorney needs their own witness. The same person can witness multiple attorneys, and family members can witness attorney signatures (as long as they're not attorneys themselves).
Frequently Asked Questions
Can my spouse witness my LPA?
Yes, if your spouse is NOT named as an attorney. If your spouse IS an attorney, they cannot witness your signature.
Can my GP be both witness and certificate provider?
Yes, your GP can be both the witness and the certificate provider - it's actually quite efficient to do it this way.
Can the same person witness my LPA and my spouse's LPA?
Yes, as long as that person is not named as an attorney on either LPA.
What if I make a witnessing mistake?
The OPG will reject your application. You'll need to complete a new form with correct witnessing, which can delay registration by weeks.