Who Can Act As A Certificate Provider Under A Lasting Power Of Attorney?
Timms Sara Hilliard discusses who can act as a Certificate Provider and their role in Lasting Powers of Attorney (LPA)….
What is a Certificate Provider?
A Certificate Provider can be:
• Someone who has known the Donor personally for at least two years, (more than just an acquaintance) such as a friend, neighbour, colleague or former colleague.
• Someone with relevant professional skills, such as the Donor’s GP, a healthcare professional or a solicitor.
A Certificate Provider cannot be:
• An attorney or replacement attorney named in the LPA or any other LPA or Enduring Power of Attorney made in the past, by the donor.
• A member of the Donor’s family or the attorneys’ families – including wives, husband, civil partners, a boyfriend or a girlfriend of the donor or of the attorneys whether or not they live together.
• A business partner or one of the attorneys’ business partners.
• An employee of an attorneys’ employees.
• An owner of a care home where the donor resides or a member of the owner’s family.
A Certificate Provider’s role is to confirm that: –
• the Donor understands the significance of what they are doing by signing the document.
• the Donor is not being forced into making the document.
• there has been no fraud involved in creating the LPA.
• there is no other reason for concern.
What is an LPA?
A Lasting Power of Attorney (LPA) is a legal document where a person (called the Donor) can appoint one or more Attorneys, to help them make decisions, or make decisions on their behalf when they cannot. The document is helpful as it can give the chosen attorney control if the donor were in an accident or were ill, and could not make decisions.
To make an LPA you must be 18 years old and have the mental capacity to make your own decisions.
There are two types of LPA:
• Health & Welfare LPA (which can cover your daily routine, washing, eating, medical care, life sustaining treatment, where to live) – Your Attorneys can only use this when you are unable to make the decisions yourself.
• Property & Financial Affairs LPA (including managing bank accounts, paying bills, collecting pensions and benefits, selling your home) – Attorneys can act once the document is registered and with your consent.
All LPA’s must have a Certificate Provider and must be registered with the Office of the Public Guardian before they can be used by Attorneys.
How Can Timms Help?
In practice, I would often be happy to stand as a certificate provider and I would not charge any extra for doing so.
If you have any further questions about Lasting Powers of Attorney documents and their benefits please contact me by email or telephone, s.hilliard@timms-law.com or 01332 364436.
November 2023