Certificate providers for LPA’s
Posted on 27th August 2024 at 15:05
An LPA must have a certificate provider. They must sign the LPA.
The certificate provider is an impartial person who helps protect the donor’s interests by checking that the donor understands the LPA and is making it of their own free will.
The certificate provider's role
The certificate provider must discuss the LPA with the donor. It’s a good idea for this discussion to happen in private, without the attorneys or any one else present.
The certificate provider signs the LPA to certify that they have discussed the LPA with the donor and that:
the donor understands the significance of their LPA
no one is putting the donor under pressure to make the LPA
there has been no fraud involved in making the LPA
there is no other reason for concern
The donor must sign the LPA before the certificate provider. The certificate provider can witness the donor’s signature.
Who can be a certificate provider
The certificate provider must be 18 years old or over and have mental capacity.
They can be either:
someone who has known the donor personally for at least 2 years, such as a friend or neighbour (but not a relative)
someone with relevant professional skills, such as the donor’s GP or solicitor
Someone who has known the donor well for at least 2 years
This could be one of the donor’s friends or neighbours, someone they know at a social or sports club, a work colleague, or similar.
The certificate provider must be more than an acquaintance. They have to know the donor well enough to have an honest conversation with them about the LPA and the power the donor is giving to their attorneys.
'People to notify' can be certificate providers.
Someone with relevant professional skills
Usually, someone with relevant professional skills would be one of the following:
a registered healthcare professional, such as the donor’s GP
a solicitor, barrister or advocate
a registered social worker
an independent mental capacity advocate (IMCA)
Other professionals may have skills that allow them to judge whether the donor can make an LPA. Contact the Office of the Public Guardian if you’re not sure about the donor’s choice of certificate provider.
If you choose a professional, they may charge you a fee.
Who cannot be the certificate provider?
The certificate provider cannot be:
any attorney or replacement attorney for this or any other LPA or enduring power of attorney that the donor has made
a member of the donor’s family or of any of the attorneys' families – including husbands, wives, civil partners, in-laws and step-relations
an unmarried partner, boyfriend or girlfriend of the donor or any of the attorneys
the donor’s business partner or any attorney’s business partner
the donor’s employee or any attorney’s employee
anyone running or working for a care home where the donor lives, or a member of their family
anyone running or working for a trust corporation appointed as an attorney in this LPA
the donor
any other person the Court of Protection may consider is not sufficiently independent
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