Power of Attorney witnesses (lack of)

dreaming

I have been looking into drawing up Power of Attorney agreements for myself and realised that for various reasons I don't have many people who I could ask to be witnesses. Most of my contacts are related to me, which immediately rules them out, and the 2 friends I spoke to about it both said they would not feel comfortable about doing it. I did explain that it wasn't anything that would impact them in any legal way (as far as I understand it) but I obviously would not put pressure on someone to do something they are not happy about. I have looked at getting a solicitor to draw up the agreement but believe I would still need someone to say I am of sound mind etc. Is there a solution to this dilemma?

Keep_pedalling

Do you mean witness or certificate provider? Witnesses should be easy to find they don’t even need to know you.

dreaming

Keep_pedalling said:

Do you mean witness or certificate provider? Witnesses should be easy to find they don’t even need to know you.

Not entirely sure. From what I read I had to have someone to sign to say I was of sound mind, then witnesses for my signature. I assumed (dangerous, I know!) that they would have to know you. Initially I was going to draw up the paperwork myself but am now thinking paying a solicitor might be the easier option. I obviously need to read more about it.

RAS

The certificate provider has to have known you well for 2 years, and they sign to say you understand what you are doing, after the person who witnessed your signature has signed. 

olgadapolga

According to the link below, the certificate provider can also witness the donor's signature:

https://www.lastingpowerofattorney.service.gov.uk/home#/guide/topic-certificate-providers

I'm planning on asking a random person at my certificate provider's office to witness signatures.

dreaming

olgadapolga said:

According to the link below, the certificate provider can also witness the donor's signature:

https://www.lastingpowerofattorney.service.gov.uk/home#/guide/topic-certificate-providers

I'm planning on asking a random person at my certificate provider's office to witness signatures.

Thanks for that. I have been putting off doing this for a couple of years for a number of reasons but have determined that I am going to sort this out as soon as possible now.

olgadapolga

dreaming said:

olgadapolga said:

According to the link below, the certificate provider can also witness the donor's signature:

https://www.lastingpowerofattorney.service.gov.uk/home#/guide/topic-certificate-providers

I'm planning on asking a random person at my certificate provider's office to witness signatures.

Thanks for that. I have been putting off doing this for a couple of years for a number of reasons but have determined that I am going to sort this out as soon as possible now.

You're welcome. I've been putting it off as well but need to get it sorted, so that's happening tomorrow. My husband doesn't want to be one of my attorneys as he's a bit older than me and thinks that he'll die first. I tried telling him that's not how life works 🙄 His family also have a history of dementia so maybe that's why although there's no certainty that he's going to develop that either.

dreaming

olgadapolga said:

dreaming said:

olgadapolga said:

According to the link below, the certificate provider can also witness the donor's signature:

https://www.lastingpowerofattorney.service.gov.uk/home#/guide/topic-certificate-providers

I'm planning on asking a random person at my certificate provider's office to witness signatures.

Thanks for that. I have been putting off doing this for a couple of years for a number of reasons but have determined that I am going to sort this out as soon as possible now.

You're welcome. I've been putting it off as well but need to get it sorted, so that's happening tomorrow. My husband doesn't want to be one of my attorneys as he's a bit older than me and thinks that he'll die first. I tried telling him that's not how life works 🙄 His family also have a history of dementia so maybe that's why although there's no certainty that he's going to develop that either.

My attorney will be my daughter - and it's mainly for her sake that I am determined to get it sorted at last. We have had some major family trauma over the past 4 years (including the sudden death of my son/her brother), and then I have had various health issues in the last 2 years which has led me to wanting to get things organised, but at the same time prevented me from being able to. So I will also set the wheels in motion this week. I know it is possible, and much cheaper, to draw these things up yourself but I will contact a solicitor I think, at least initially. which will mitigate the difficulty in worrying about witnesses etc. 

samal

Apologies for using this thread but the topic is the same

Certificate provider can witness the Donor’s signature but can they also witness the attorney’s signatures?

elsien

Nothing in the guidance to say that they can’t, as far as I can see.

Audaxer

samal said:

Apologies for using this thread but the topic is the same

Certificate provider can witness the Donor’s signature but can they also witness the attorney’s signatures?

I've been looking into this as well, and the following thread, ending in the MSE Guide being updated, seems to confirm that the Certificate Provider can be a witness to the Attorney's signature as well as the Donor's signature.
LPA query after Martin's show - 5 people to sign? — MoneySavingExpert Forum