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

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?

Comments

  • No, no need to do anything.
  • No, no need to do anything.

    Thanks a lot, appreciate the help!
  • Sea_Shell
    Sea_Shell Posts: 9,879 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Name Dropper
    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)
  • 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?  

    There is still no action required from the OP if the CP dies, the CP would only come under scrutiny if fraud was suspected in setting up the LPA. 
  • Sea_Shell
    Sea_Shell Posts: 9,879 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Name Dropper
    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?  

    There is still no action required from the OP if the CP dies, the CP would only come under scrutiny if fraud was suspected in setting up the LPA. 



    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)
  • Malthusian
    Malthusian Posts: 11,053 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    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?
    If the suspicious third party went as far as challenging the LPA in court, it would come down to the balance of probabilities. The attorneys could ask other people who knew the donor to testify that she had capacity at the time, for example. If the certificate provider was a real person and known to be trustworthy, and their signature shows no sign of fakery, the fact they signed the form would by itself be some evidence that the LPOA was completed legitimately, even if they're no longer around.
    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.
  • Thanks for the replies!
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

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

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.