Named Person’s And Witnesses

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Named Persons

A donor may name up to five persons (excluding the donee) who are entitled to be notified of an application to register a LPA.

The named person can be anyone provided it is not an attorney or a replacement attorney.

A donor or donee who is about to make an application to register the LPA must notify the named person using form LPA 3.

The named persons have a right to object to the proposed registration of the LPA and may do so within three weeks from the day on which the notice was given to them.

Witnesses

The donor may not witness any signature.

All witnesses must be over the age of 18.

For the Donor

• Cannot be an attorney or replacement attorney;
• Cannot be an employee of any Trust Corporation named as an attorney or replacement attorney.
• Certificate Provider;
• Can be a named person.

For the Attorney

Can be:

• Another attorney or replacement attorney;
• Certificate provider;
• A named person.

The witness must see the attorney or replacement attorney sign or make a mark.