We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
We're aware that dates on the Forum are not currently showing correctly. Please bear with us while we get this fixed, and see Site feedback for updates.
Witness to a power of attorney dies

P933alilli
Posts: 384 Forumite

Hi, i had a financial power of attorney made for my elderly Mum in 2018! My sister and i were attorneys and my lovely next door neighbour agreed to sign it as a witness. My mum went into a carehome a couple of years later with dementia. However my neighbour has recently died. So i wondered do i need to do anything? Do we need someone else to sign as as a witness?
0
Comments
-
No, no need to do anything.0
-
0
-
Was the witness also the Certificate Provider?
- a ‘certificate provider’, who confirms you’re making the LPA by choice and you understand what you’re doing
If so, and this person has died (or lost capacity), could there be a problem if anyone was to query the POA regarding its validity or use, as in that event, could the CP be called upon to give a statement, or is it only ever an "on the day" thing?
Is there any event where the CP would be asked about their role as signing as CP?
How's it going, AKA, Nutwatch? - 12 month spends to date = 2.56% of current retirement "pot" (as at end January 2025)0 -
Sea_Shell said:Was the witness also the Certificate Provider?
- a ‘certificate provider’, who confirms you’re making the LPA by choice and you understand what you’re doing
If so, and this person has died (or lost capacity), could there be a problem if anyone was to query the POA regarding its validity or use, as in that event, could the CP be called upon to give a statement, or is it only ever an "on the day" thing?
Is there any event where the CP would be asked about their role as signing as CP?2 -
Keep_pedalling said:Sea_Shell said:Was the witness also the Certificate Provider?
- a ‘certificate provider’, who confirms you’re making the LPA by choice and you understand what you’re doing
If so, and this person has died (or lost capacity), could there be a problem if anyone was to query the POA regarding its validity or use, as in that event, could the CP be called upon to give a statement, or is it only ever an "on the day" thing?
Is there any event where the CP would be asked about their role as signing as CP?
So in that case (OP aside for a minute) what would then happen if fraud was suspected and the CP couldn't be interviewed?
I'm genuinely interested in the "what ifs".
(but if OP wants me to remove my question - I will)How's it going, AKA, Nutwatch? - 12 month spends to date = 2.56% of current retirement "pot" (as at end January 2025)0 -
Sea_Shell said:
So in that case (OP aside for a minute) what would then happen if fraud was suspected and the CP couldn't be interviewed?
Conversely if there was no evidence that the certificate provider actually existed, or if it turned out that they didn't qualify to sign (i.e. they didn't know the donor and weren't a professional with relevant expertise) the balance of probabilities would tilt towards it being a fraud.
The primary role of the certificate provider is to create an extra hurdle for fraudsters to clear in order to make a useable lasting power of attorney that doesn't fall apart at the first breath of scrutiny, not to be responsible for it for their lifetime.2 -
Thanks for the replies!
0
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 348.4K Banking & Borrowing
- 252.1K Reduce Debt & Boost Income
- 452.4K Spending & Discounts
- 241K Work, Benefits & Business
- 617.3K Mortgages, Homes & Bills
- 175.7K Life & Family
- 254.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 15.1K Coronavirus Support Boards