A Power of Attorney (PoA) is a legal document that grants one person, known as the attorney, the authority to act on behalf of another person, the donor, in legal, financial, or medical matters. The process of creating a PoA involves several crucial steps, one of which is witnessing the document. Understanding the significance of this step is essential to ensure the validity of the PoA. Witnessing a Power of Attorney is a safeguard that ensures the document is signed voluntarily and without coercion. The witness, who must be an independent adult, confirms that the donor understands the implications of the PoA and is acting of their own free will. This step is critical in preventing fraud and undue influence, especially in situations where the donor may be vulnerable.
Who Can Act as a Witness?
In the UK, a witness must be over 18 years old, and they cannot be the attorney or a relative of either the donor or the attorney. The witness should ideally be someone impartial, such as a friend, neighbour, or professional, who has no vested interest in the PoA.
The Process of Witnessing
The witness must be present when the donor signs the Power of Attorney Witnessing. After witnessing the signature, the witness must then sign the document themselves, adding their name, address, and occupation. This formalises the document, making it legally binding.
The role of a witness in the creation of a Power of Attorney is pivotal. It upholds the integrity of the document, ensuring that the donor’s wishes are genuinely represented and legally recognised.
