When creating a Lasting Power of Attorney (LPA), an important step is having a certificate provider sign the document. Below, we have outlined what a certificate provider is, who can and cannot act as a certificate provider, what their role is and how to choose the right certificate provider.
What is a certificate provider?
A certificate provider is an independent person who is chosen by the donor (the person making a Lasting Power of Attorney) and is responsible for completing the certificate part in the LPA form. They are signing the document to confirm that the donor is making the LPA of their own free will and that they understand what they are signing. They play a crucial role in the process of creating a valid Lasting Power of Attorney in England and Wales.
Who can act as a certificate provider?
When creating an LPA, an important step is having a certificate provider sign the document. See below who can fulfil the role:
1. Professional certificate providers
These are individuals who must have the relevant professional qualifications, such as:
- Registered healthcare professionals (Donor’s GP or doctor)
- Solicitors or barristers
- Registered social workers
- Independent mental capacity advocates
Professional certificate providers often charge a fee for their services.
2. Personal certificate providers
These are people who have known the donor for at least two years and are not family members or attorneys. Examples include friends, neighbours, and co-workers. Personal certificate providers typically do not charge for their services.
Who cannot be a certificate provider?
It’s just as important to know who would not be able to be a certificate provider, such as:
- The donor’s family members or attorneys and their family members
- Business partners of the donor or attorneys
- Employees or employers of the donor or attorneys
- Anyone under 18 years old
- Anyone treated as lacking capacity under the Mental Capacity Act 2005
What is the role of a certificate provider?
The certificate provider’s job is to:
- Discuss the LPA with the donor
- Assess the donor’s understanding of the LPA
- Verify that no undue pressure or fraud is involved
- Sign the LPA to confirm the donor’s capacity and understanding
Choosing the right certificate provider
When selecting a certificate provider, it’s important to consider their knowledge of the donor’s situation, their ability to assess mental capacity, and whether there are any potential conflicts of interest.
While the list of potential certificate providers is broad, it’s crucial to choose someone who can impartially assess the donor’s situation and provide an honest evaluation.
How can we help?
Emma Lewin is an Associate in our expert Wills and Probate team, advising on Wills, LPAs, administration of estates, including intestate estates, Grants of Probate, Powers of Attorney and Surrogacy Wills.
If you have any questions regarding the subjects in this article, please get in touch with Emma or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.
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