How to sign a Lasting Power of Attorney (LPA)
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Here’s a step-by-step guide on how to sign and witness a Lasting Power of Attorney (LPA).
It is imperative when you (and others) sign your LPA that you do it in the correct date order. If you get this wrong, the Office of the Public Guardian (OPG) might reject the LPA when you come to register it.
If you are using a lasting power of attorney solicitor to prepare your LPA for you, then they will guide you through this. But, if you are doing your own LPA on the Govt website, here’s how to correctly sign an LPA.
Who signs an LPA?
The following people will need to sign your LPA:-
- Donor – the person making the LPA
- Certificate Provider – the person certifying that you are of sound mind, you are not being forced to make the LPA (under duress); and you understand what the LPA
- Attorney(s) – the person(s) being appointed to be the Donor’s LPA’s
What order do you sign an LPA?
There are two types of Lasting Power of Attorney (LPA), but the order that you sign is the same. The 2 types are (1) Property & Affairs; and (2) Health & Welfare.
You can download the forms in our Downloads section >
- Donor (Section 5, Page 6) – Health & Welfare only re life sustaining treatment
- Donor (Section 9, Page 10)
- Certificate Provider (Section 10, Page 11)
- Attorney(s) (Section 11, Pages 12-15)
- Donor as the person registering the LPA (Section 15, Page 20)
Life Sustaining Treatment (Section 5)
The Health & Welfare LPA has an additional section – Section 5, Page 6. This relates to life sustaining treatment where the Donor gives the Attorney(s) either the right to give or refuse life sustaining treatment (or not). This section must be signed by the Donor, and witnessed by either the Certificate Provider or an independent adult.
You must follow the correct order when signing/witnessing your LPA.
LPA – which signatures need to be witnessed?
Referring to the same ‘1-5’ list of the order in which people sign (above), the following do/don’t need to be witnessed:-
- Donor (S5) – YES (Health & Welfare only)
- Donor (S9) – YES, must be witnessed
- Certificate Provider (S10) – NO, does not need to be witnessed
- Attorney(s) (S11) – YES, must be witnessed
- Donor (S15) – NO, no need to be witnessed
Who can Witness LPA signatures?
The witnesses should be independent adults, who are not connected with the LPA.
Can my Certificate Provider witness my Signature?
Yes, the Certificate Provider can witness the Donor’s signature. The Certificate Provider can also witness the signatures of the Attorney(s).
Who can not witness signatures on an LPA?
The chosen Attorney(s) are NOT permitted to witness the signature of the Donor (and vice versa).
Can everyone sign my LPA on the same day?
Yes. It is fine for everyone to sign on the same day, just stick to the correct order.
Does everyone need to sign my LPA on the same day?
No. It is fine for the various parties to sign on different days. But, you MUST follow the correct order of signing and of course the dates of signature/witness will reflect this.
LPA – what if I can’t sign?
As the Donor, you are allowed to ‘make a mark’, if you are unable to make a full signature. This is in essence verified by the signature of the witness.
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