LPA Signing Order and Witness Requirements in England

The Sequence That Cannot Be Broken

The Mental Capacity Act 2005 mandates a strict chronological signing order for every Lasting Power of Attorney. Sign out of sequence — even by a single day — and the OPG will reject the application after 8 to 10 weeks of processing. You lose the £92 registration fee, and the entire document must be reprinted and re-signed from scratch.

Consumer guidance cites a roughly 15% DIY error rate. Most of those failures come down to signing-order violations.

The Five-Step Sequence

Step 1 — The donor signs Section 9. The donor must sign in the physical presence of an independent witness, using black ink. This signature is always first in the sequence. No other party may sign before the donor.

Step 2 — The donor's witness signs Section 9. Immediately after watching the donor sign, the witness prints their full name and address and signs the same page. The witness must be at least 18, of sound mind, and cannot be a named attorney or replacement attorney.

Step 3 — The certificate provider signs Section 10. This signature must be dated on the same day as or after the donor's signature in Section 9 — never before. The certificate provider confirms that the donor understands the LPA, knows what powers they are granting, and is free from undue pressure. The certificate provider must have a private conversation with the donor before signing.

Step 4 — Each attorney and replacement attorney signs Section 11. Every attorney's signature must be dated on or after the certificate provider's signature in Section 10. Each attorney signature requires an independent witness — someone who is at least 18 and is not the donor; the same witness can witness more than one attorney.

Step 5 — The applicant signs Section 15. This is the person applying for registration (either the donor or one of the attorneys). Their signature must come after all attorney signatures in Section 11.

Who Can Witness an LPA?

The witness rules differ depending on which signature they are witnessing:

For the donor's signature (Section 9): any independent adult aged 18 or over who is not a named attorney or replacement attorney. A family member can witness the donor's signature — there is no prohibition on this, provided they are not also an attorney, replacement attorney, or certificate provider.

For each attorney's signature (Section 11): any independent adult aged 18 or over who is not the donor. An attorney's spouse, partner, or family member can act as their witness, and the same witness can witness multiple attorneys — as long as they are never the donor.

The same person can witness both the donor's and an attorney's signature, provided they meet both sets of restrictions (not an attorney, not the donor, and not the certificate provider). In practice, a trusted friend or neighbour who is not involved in the LPA often fills this role.

Common Signing Mistakes

The most frequent error is having the attorney sign before the certificate provider — this alone accounts for a large share of rejections. Families often gather everyone in one room and sign in whichever order feels natural, not realising the dates must follow the statutory sequence.

Other common failures: using blue ink instead of black (the OPG scanning system struggles with blue), making corrections with correction fluid instead of single-line strikethroughs with initials, and having the witness sign on a different day from the person they witnessed.

If you notice a sequencing error after signing, do not attempt to alter the dates. Start the application fresh with new printed forms.

Making It Work in Practice

The simplest approach is to spread the signing over two days. Day one: the donor and certificate provider sign, with their respective witnesses. Day two (or later): the attorneys sign, each with their own witness. This removes any ambiguity about the date sequence.

Our LPA guide includes a printable signing sequence tracker that lists each person, which section they sign, the date order requirements, and a checkbox for confirming completion.

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