Lasting Power of Attorney - Signing the LPA in the Right Order

thriftytracey

I am in the process of doing LPA's for my husband and myself. The forms are printed off ready to sign.  We have gone for the simplest option so a lot of the boxes on the forms have a line through.  E.g. no replacement attorney, no people to notify etc, I am attorney for him and he is attorney for me.  We don't have children.  I realise that this will need to change if one of us dies.

The signatures required are the Donor, the Attorney, the Certificate Provider and a Witness.

My neighbour is going to be the Certificate Provider and her husband will be the Witness. 

 There are lots of warnings about doing the signatures in the right order. 

 1. Donor signs and dates any continuation sheets

then

2. Donor signs and dates Section 9, followed by donor’s witness

then

3. Certificate Provider signs and dates section 10

then

4. Attorneys sign and date section 11 followed by their witnesses

then

5. Applicant signs and dates section 15

 But our neighbour and witness lives opposite us so we can do everything all in one go on one date.  Obviously we will do it in the order above.

 I don’t understand how they can check it isn’t in the right order if it is all done the same date.  Fair enough if it done on different days, but this will all be on the same day.

Just concerned I don't make a mistake! 

maisie_cat

We did it with everybody at the same time BUT ensure that everybody knows what the actual date is.
One of our signatories made a mistake and although it was corrected and initialled the entire LPA was returned by the court.

silvercar

A friend completed hers with every single date the same and it went through fine.

thriftytracey

Excellent.  Thanks for your responses.  

danby22

For these forms, does the witness need to add a date while signing?  There's no space provided for that on the forms, but you could potentially squeeze the date within the space provided for the signature.  But am not sure if it's necessary/mandatory.

bompey

Just get them all signed in the same date and you will be fine.

danby22

Yes, that was my plan. And the donor having to put down the date and the space for it makes it all clear when filling the form.

But am unsure if the date needs writing explicitly by the witness themselves?  Do you know if that's necessary?  I don't mind either way but don't want to run the risk of a rejection for this, when doing it in an unexpected way.  Am tempted to send it without the witness writing a date themselves.





The below led me to have even more doubts on what the expectation from OPG was:

danby22

Ok, I managed to speak to someone at the OPG customer service team and got my answer.  The witness does not need to write a date themselves.  I'll proceed with that!

Thank you!

silvercar

The witness doesn’t need to date it themselves because they are required to witness the applicant signing it, so obviously the date will be the date that the applicant signed it.

Sea_Shell

thriftytracey said:

My neighbour is going to be the Certificate Provider and her husband will be the Witness. 

AIUI the Certificate Provider and Witness can be the same person.    Or have I misunderstood? 

The witness, doesn't "witness" the signature of the CP, just the donor and attorney(s)

samal

HI
Any answers for the comments by Sea_Shell please