When making a Lasting Power of Attorney (LPA), choosing the right certificate provider is an important part of the process.
A certificate provider confirms that you understand what the LPA means, that you are making the decision freely and that there is no reason to believe you are being pressured or influenced. But who can be a certificate provider, and who cannot act in this role?
In my blog, I’ll explain who can act as a certificate provider for a Lasting Power of Attorney, the rules they must follow and what they need to do before signing the LPA.
Who or what is a certificate provider for a Lasting Power of Attorney?
A Certificate Provider is an impartial person who will judge whether you understand what you are doing. They must be at least 18 years old and either a friend or colleague or someone the donor has known well for at least 2 years or a professional such as a solicitor, a barrister or advocate, a registered healthcare professional, a registered social worker or Independent Mental Capacity Advocate.
Why is a certificate provider needed?
The purpose of a certificate provider is to have an independent person involved to ensure the donor understands the significance of the LPA, that no pressure has been exerted to make it, that there is no fraud involved and that there is no other reason for concern.
Can a solicitor be a certificate provider for an LPA?
A solicitor may be particularly helpful if they work in the private client sector as they will have experience and an understanding of the capacity rules, undue influence and complexities in drafting and LPA.
Can a friend or family member be a certificate provider?
If utilizing a friend as a certificate provider, it is important that they know the donor personally. The friend could be a neighbour, a work colleague or someone from a social or sports club.
Who cannot be a certificate provider for an LPA?
The certificate provider must not be
• An attorney or replacement attorney for the LPA
• An attorney or replacement attorney in any other LPA or enduring power of attorney that you have already made
• A member of you or your attorney’s families – including wife, husband, civil partner, parents, in-law and step-relatives
• An unmarried partner, boyfriend or girlfriend of yours or of any of your attorneys – whether or not they live at the same address
• Your business partner or one of your attorneys’ business partners
• Your employee or one of your attorneys’ employees
• An owner, manager, director or employee of a care home whether you live or a member of their family
• Anyone running or working for a trust corporation appointed as an attorney in a financial decisions LPA
Can an attorney be a certificate provider?
A certificate provider should be independent to avoid undue influence and fraud.
What does a certificate provider have to do?
After the donor has signed their LPA, the certificate provider must sign after and can sign on the same day as the donor or as soon as possible after.
Does the certificate provider need to meet with me?
It is important that a Certificate Provider meets with the donor and where possible, in private, so that capacity is confirmed, understanding of the LPA is ascertained and no undue influence has occurred.
What questions might a certificate provider ask?
The type of questions that can be asked are as follows:
• What is an LPA, and why do you want to make one?
• Who are you appointing as your attorney (and why)?
• What specific financial or health decisions will your attorney be able to make for you?
Freedom from Coercion
• Has anyone put pressure on you to make this LPA?
• Did your proposed attorney tell you how to answer these questions?
• Do you have any concerns over whether your attorney can be trusted?
General Awareness
• Are you aware of any other reasons why this LPA should not be created?
When does the certificate provider sign the LPA?
A donor must always sign the LPA first, then the certificate provider and then the attorneys.
What happens if the wrong person acts as certificate provider?
If the Certificate Provider does not meet the requirements, then the LPA will be rejected when it is registered with the Office of the Public Guardian and a new LPA will be required.
Certificate provider vs witness: what is the difference?
| Certificate provider | Witness | |
|---|---|---|
| Main Purpose | Confirms the donor understands the LPA and is acting freely | Confirms that a signature was witnessed |
| Role | Provides an important safeguard | Verifies the signing of the document |
| Eligibility | Specific eligibility requirements apply | Separate witnessing requirements apply |
| Can the same person perform both roles? | Potentially, if the relevant requirements are met | Potentially, if the relevant requirements are met |
Do I need a solicitor to be my certificate provider?
A solicitor is not necessarily required, but professional advice can provide additional reassurance, particularly where circumstances are more complicated.
How can Timms Solicitors help with your Lasting Power of Attorney?
Making a Lasting Power of Attorney is an important step in planning for the future. At Timms Solicitors, our experienced Wills & Probate team can guide you through the process, helping you understand your options and ensuring your LPA is completed correctly.
We can advise you on both Property and Financial Affairs LPAs and Health and Welfare LPAs, including who you may wish to appoint as your attorneys and the role of the certificate provider. We can also help where there are concerns about mental capacity, family circumstances or potential undue influence.
Our team can:
- Explain how Lasting Powers of Attorney work and the different types available.
- Help you choose suitable attorneys and understand their responsibilities.
- Advise on who can act as your certificate provider.
- Prepare and complete your LPA correctly.
- Ensure the necessary signatures and formalities are dealt with properly.
- Arrange registration of your LPA with the Office of the Public Guardian.
- Provide advice where your circumstances are more complex.
Taking professional legal advice can give you peace of mind that your wishes have been properly recorded and that your LPA is less likely to encounter avoidable problems during registration.
If you are considering making a Lasting Power of Attorney, our Wills & Probate team can provide clear, practical advice tailored to your circumstances. Contact us on freephone 0800 011 6666 or at legal@timms-law.com to discuss how we can help you plan for the future.
Frequently Asked Questions
Who can be a certificate provider for a Lasting Power of Attorney?
A certificate provider must be at least 18 and can either be someone who has known you personally for at least two years or a professional with the relevant skills and expertise, such as a solicitor or registered healthcare professional.
Can my friend be my certificate provider?
Yes. A friend can act as your certificate provider if they are at least 18 and have known you personally for at least two years. They must also meet the other eligibility requirements and be able to confirm that you understand the LPA and are making it freely.
Can my child be my certificate provider?
No. Your child cannot act as your certificate provider. The rules exclude certain family members from acting in this role because the certificate provider should be independent of you and your attorneys.
Can my solicitor be my certificate provider?
Yes. A solicitor can act as a certificate provider for a Lasting Power of Attorney where they have the appropriate skills and expertise. Using a solicitor can also provide reassurance that your LPA has been completed correctly.
Can my GP be my certificate provider?
Potentially, yes. A registered healthcare professional, which can include a GP, may act as a certificate provider if they have the relevant skills and expertise and meet the other requirements.
Does a certificate provider have to know me for two years?
Only if they are acting as someone who knows you personally. A professional certificate provider does not need to have known you personally for two years but must have the relevant skills and expertise to fulfil the role.
Can my certificate provider also witness my LPA?
Yes, in some circumstances the same person can act as both your certificate provider and a witness, provided they meet the relevant requirements for both roles.
Who cannot be a certificate provider?
Certain people cannot act as a certificate provider, including your attorney or replacement attorney and certain family members. There are also restrictions relating to business partners, employees and people connected with a care home where you live.
Does a certificate provider have to meet with me?
The certificate provider should speak with you about the LPA and, where possible, should do so privately. This allows them to establish that you understand the LPA and are making the decision freely, without pressure or undue influence.
What happens if my certificate provider is not eligible?
If someone who does not meet the requirements acts as your certificate provider, your LPA may be rejected when it is submitted for registration. You may need to correct the issue or make a new LPA, so it is important to choose an eligible certificate provider.
