Common LPA Signing Mistakes to Avoid
The most frequent signing errors that cause LPA applications to be rejected by the OPG.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
You have spent hours filling in your LPA form, chosen your attorneys carefully, and found a suitable certificate provider. Then a simple signing mistake renders the entire document invalid. It happens more often than you might think. The signing stage is where most Lasting Power of Attorney applications go wrong, and the Office of the Public Guardian (OPG) will not overlook these errors. Some can be corrected, but others mean starting from scratch. This guide covers the most common signing mistakes and how to avoid each one.
At a glance
- Signing out of order is the most common and most serious LPA signing mistake — it makes the entire document void
- The correct order is: donor first, then certificate provider, then attorneys and replacement attorneys
- An attorney cannot witness the donor’s signature, and all witnesses must be physically present (no video calls)
- All signatures must be in black or blue ink, dated, and each witness must provide their full name and address
1. Signing Out of Order
The most serious and most common signing mistake is getting the order wrong. The law requires a strict sequence: the donor must sign first, then the certificate provider, and only then can the attorneys and replacement attorneys sign. If any attorney signs before the donor or the certificate provider, the LPA is completely void and cannot be corrected.
This mistake often happens when the LPA form is sent out to multiple people at the same time. An eager attorney might sign their section and return it before the donor has signed theirs. Even if the attorney did not intend to cause a problem, the dates on the signatures will reveal the incorrect order, and the OPG will reject the application.
To avoid this, do not send the attorney sections for signature until the donor and certificate provider have both signed and dated their sections. For a complete guide to the correct sequence, see our guide on LPA signing order explained.
2. An Attorney Witnessing the Donor's Signature
The donor's signature must be witnessed by an independent person, and none of the attorneys or replacement attorneys named on the LPA can act as this witness. This rule exists to protect the donor — the witness is there to confirm that the donor signed the document freely and was not under duress.
In practice, this mistake often happens when families try to handle the entire signing process at a single gathering. It can seem convenient to have an attorney who is already present act as witness for the donor, but this will result in the LPA being rejected. The donor's witness must be someone who is not named as an attorney or replacement attorney on the LPA.
Key point: An attorney can witness another attorney's signature, but an attorney cannot witness the donor's signature. Similarly, the donor cannot witness any attorney's signature.
3. Choosing an Ineligible Certificate Provider
The certificate provider must be an independent person who confirms that the donor understands the LPA and is not being coerced. If the person who signs as certificate provider turns out to be ineligible, the entire LPA is void. Common mistakes include choosing:
- A family member of the donor (spouse, child, sibling, parent, in-law, etc.)
- An attorney or replacement attorney named on the LPA
- A business partner of the donor
- An employee of the donor or of an attorney
- Someone who works at the care home where the donor lives
- Someone who has known the donor for less than two years (unless they have relevant professional qualifications)
Always check the eligibility requirements carefully before asking someone to act as certificate provider. If in doubt, choosing a professional such as a doctor or solicitor is often the safest option.
4. Missing Witness Signatures or Details
Every witness must sign the LPA form and provide their full name and address. A surprisingly common mistake is for a witness to sign but forget to fill in their details, or to provide only a partial address. The OPG will return the application if witness information is incomplete.
Another common oversight is forgetting that each attorney's signature needs to be witnessed separately. If you have three attorneys, you need at least one witness present for each of the three signing events (the same person can witness multiple signatures, but they must be present each time).
5. Not Dating Signatures
While not always fatal, failing to date signatures can cause problems. The OPG uses the dates on signatures to verify that the correct signing order was followed. If signatures are not dated, the OPG may query the application, causing delays. In some cases, the OPG may accept a statutory declaration or other evidence to confirm the dates, but this adds complexity and time to the process.
The simplest approach is to always include the date alongside every signature. This takes a few seconds and can prevent significant problems later on.
6. Using Pencil Instead of Pen
All signatures on an LPA must be made in ink. Signing in pencil is not acceptable because pencil signatures can be erased or altered, which undermines the integrity of the document. The OPG will reject any LPA where signatures have been made in pencil.
Use black or blue ink for all signatures. Avoid using unusual ink colours (such as red or green) as these may not photocopy or scan clearly, which could cause issues if the OPG needs to make copies of the document.
7. Witnesses Not Being Physically Present at Signing
A witness must be physically present in the same room when the person they are witnessing signs the LPA. Witnessing a signature via video call, telephone, or any other remote method is not permitted. The witness must see the person sign the document with their own eyes.
What catches people out is when attorneys live far from the donor. It might seem reasonable to have someone "witness" via FaceTime or Zoom, but any LPA signed with a remote witness is invalid. Each person who needs a witness must arrange for someone to be physically present at the time of signing.
The witness does not need to be the same person for each signatory. Each attorney can have a different witness, as long as that witness is physically present when the attorney signs.
How to Avoid These Mistakes
Following a few simple practices can help you avoid all of the mistakes described above:
- Explain the signing order to everyone involved before anyone signs
- Only send attorney sections for signature after the donor and certificate provider have both signed
- Provide clear instructions to each person about what they need to do (sign, date, have a witness present)
- Check certificate provider eligibility before asking them to sign
- Remind witnesses to provide their full name and address
- Always use a pen with black or blue ink
- Date every signature
- Ensure witnesses are physically present — no video calls
Using a professional service like UKLPA can significantly reduce the risk of signing errors, as the process is managed and checked before submission to the OPG. For more information on the broader mistakes people make when creating an LPA, see our guide on common mistakes when creating an LPA. For information on what happens when an error is made, see what happens if an LPA is signed incorrectly. For the full witnessing rules, see our guide on who can witness an LPA signature.
Our guided LPA service helps you avoid signing mistakes by walking you through each step in the correct order. See pricing.
Key Takeaways
- Signing order is the number one issue — donor first, then certificate provider, then attorneys; if an attorney signs before the donor, the LPA is void and cannot be corrected.
- Witnesses must be physically present — video call or remote witnessing is never accepted; each witness must be in the same room when the signature is made.
- An attorney cannot witness the donor’s signature — though an attorney can witness another attorney’s signature.
- Date every signature and use black or blue ink — pencil signatures are rejected, and undated signatures can cause delays or queries from the OPG.
Helpful Answers on LPA Signing Errors
Can an attorney witness another attorney's signature on an LPA?
Yes. An attorney can witness another attorney's signature. However, an attorney cannot witness the donor's signature, and the donor cannot witness any attorney's signature. These restrictions protect the independence of the signing process.
Does everyone need to sign the LPA on the same day?
No. Each person can sign on different days, provided the correct signing order is maintained: donor first, then certificate provider, then attorneys. The dates on the signatures must reflect this sequence.
What colour ink should I use to sign an LPA?
Use black or blue ink for all signatures. Pencil signatures are not accepted as they can be erased. Avoid unusual ink colours such as red or green, as these may not photocopy or scan clearly.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Government guidance on GOV.UK
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