Lasting Powers of Attorney (LPAs) let a person (the donor) choose trusted people (the attorneys) to make decisions if the donor cannot decide in future. LPAs are created under the Mental Capacity Act 2005 (MCA 2005) and must be executed in a strict sequence before registration by the Office of the Public Guardian (OPG).
In practice, many OPG rejections relate to signing errors. While signing an LPA can be a common routine, disability, reduced mobility, visual impairment, or a donor being physically unable to sign will lead to alternative LPA signing procedures being required. This note explains the main alternative LPA signing routes, what is allowed, what evidence helps, and how to reduce the risk of rejection.
Why formalities matter
The formalities of signing an LPA exist to protect the donor and to show that they understood and intended to make the LPA. Core safeguards include:
- The donor signs first.
- The donor’s signature is witnessed.
- A certificate provider confirms the donor understands and is not under undue pressure.
- Attorneys sign to accept their duties (including the MCA 2005 principles).
Where the donor can’t sign in the usual way, alternative LPA signing processes must be followed.
Scenario A: Donor is blind or visually impaired
Many blind or visually impaired donors can still sign. The standard process is usually suitable with small adjustments.
What to do in practice:
- Guide the donor to the correct signature box.
- Ensure the LPA (including the legal statements) is read or otherwise communicated in an accessible format.
- The witness observes the donor sign in the usual way.
Is a special statement needed?
There is no mandatory requirement to mark the form “donor is blind”. As good risk management, keep attendance notes confirming how the form was explained, that the donor confirmed understanding, and how/where they signed.
Scenario B: Donor can only make a mark
Some donors cannot write a full signature (e.g. due to arthritis, stroke or tremor) but can hold a pen and make a consistent mark, such as an “X”.
Is a mark acceptable?
Yes. A mark counts as a signature if made by the donor with intent to execute the LPA, and it is witnessed in the normal way.
Practical points
- The donor should make the mark unaided, save for guidance to the signature area.
- Use an independent witness who sees the mark being made.
- Consider a brief covering note when sending the LPA for registration explaining that execution was by mark due to physical limitations.
Scenario C: Donor cannot sign or make a mark
If the donor lacks the physical ability to sign or mark, they can direct another person to sign on their behalf. This is the highest‑risk scenario for errors, and a careful alternative LPA signing must be followed.
Key requirements
- Use the correct continuation sheet 3 for signature by direction replacing the standard donor‑signature section (section 9/page 10).
- The person signing for the donor must:
- be 18 or over;
- sign only on the donor’s instruction; and
- not act as a witness to any part of the LPA.
- The signing by direction takes place in the presence of two witnesses who:
- are each 18 or over;
- are not appointed as attorneys in the LPA;
It is permissible for the certificate provider to be one of the witnesses.
Because the continuation sheet replaces the donor’s signature section, it takes that pages’ place in the signing sequence, i.e. it must be signed before the certificate provider signs.
Alternative LPA Signing: Evidence and file notes
Alternative signing routes are more likely to attract questions. Good practice includes:
- A clear attendance note of the execution meeting, covering capacity considerations, how the LPA was explained/communicated, the donor’s confirmation of understanding, and who was present.
- Where a mark is used, a short covering letter to avoid queries.
- For signature by direction, record the donor’s express instruction (preferably verbatim) and why the donor could not sign.
Conclusion
LPAs remain accessible even where a donor is blind, can only make a mark, or cannot sign at all, provided the correct procedure is followed. Most problems are avoidable, such as not following the guidance on who can sign on the donor’s behalf. With careful preparation and execution of the appropriate alternative LPA signing procedure, you can minimise OPG queries.
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