Choosing the right certificate provider is one of the most overlooked aspects of creating a Lasting Power of Attorney (LPA). However, a recent Court of Protection decision in Re AR and others[1] shows why getting this wrong can have serious consequences. In that case, the Court ruled that six registered LPAs were invalid and ordered their cancellation, largely due to concerns surrounding the suitability of the certificate provider.
For anyone considering an LPA, this case highlights an important question: who can act as a certificate provider and who cannot?
What is a certificate provider?
A certificate provider is an independent person who confirms that at the time the LPA is signed:
- The donor understands the purpose of the LPA and the powers being granted;
- The donor is not being forced or pressured into making it; and
- There is nothing else preventing the LPA from being created.
The certificate provider is a key safeguard within the LPA process. Their role is not simply to witness a signature or sign a form.
Who can be a certificate provider?
The law allows two categories of people to act as certificate providers:
- Someone who has known the donor personally for at least two years
This could include:
- A friend;
- A neighbour;
- A colleague; or
- A former colleague.
The important factor is that the donor has known them personally for at least two years immediately before they sign the certificate.
- Someone with appropriate professional skills and expertise
The regulations provide examples including:
- A solicitor;
- A barrister;
- A registered healthcare professional;
- A registered social worker; or
- An Independent Mental Capacity Advocate.
The Court stressed that these examples suggest a level of professional competence, regulation and experience that enables the individual to properly assess capacity, undue influence and the legal implications of an LPA.
Who cannot act as a certificate provider?
The regulations specifically prohibit various people from acting, including:
- An attorney or replacement attorney under the LPA;
- Family members of the donor;
- Family members of an attorney;
- Business partners of the donor;
- Employees of the donor or attorney; or
- Care home owners, managers or employees where the donor lives.
The purpose of these restrictions is to avoid conflicts of interest and ensure independence.
Lessons from Re AR and others
In Re AR and others, the Court examined whether Robert Cornford was entitled to act as a professional certificate provider. The donors had chosen him because of his involvement in will writing and estate planning services rather than because he had known them personally for two years.
The Court concluded that he could not reasonably consider himself competent to provide the required certificate. Factors relied upon by the Court included:
- A previous conviction for fraudulent trading;
- Acting as a company director whilst disqualified from doing so;
- Limited evidence of professional training and expertise;
- A lack of understanding of some of the legal principles surrounding LPAs; and
- A failure to keep adequate records of the discussions that supported his certification.
The judge found that, because the certificate provider did not meet the legal requirements, the LPAs themselves were invalid and had to be cancelled.
Many people assume that, if an LPA has been registered by the Office of the Public Guardian, it is safe from challenge. This case demonstrates that is not always true.
This case is a timely reminder that a certificate provider must be more than merely willing to sign the form. They must genuinely be able to fulfil the statutory role. For most people, using a suitably qualified and regulated professional, such as a solicitor experienced in LPAs and Court of Protection work, provides reassurance that the legal requirements have been met and reduces the risk of future challenges.
When creating an LPA, the question should not simply be “who can sign?” but “who is best placed to protect the validity of this document for years to come?”
[1] [2026] EWCOP 47
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Stuart Parris is a Senior Associate in our expert Dispute Resolution team.
If you have any queries relating to the above subject, please contact Stuart or a member of our Dispute Resolution team, who will be able to assist you. Please call 0800 024 1976 or contact us via our online enquiry form.
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