Your Certificate Provider is a safeguard to ensuring you are making the LPA of your own free will.
The Certificate provider of your Lasting Power of Attorney (LPA) is an independent person who will confirm (‘certify’) that you are making the LPA of your own free will, without pressure (‘duress’), that you understand the implication of what you are doing, and that you have mental capacity to do so.
You will need a certificate provider for both types of LPA – Finance and Health & Care.
Certificate Provider is something new to LPAs, and one of a number of differences between LPAs and the old system of Enduring Power of Attorney (EPA).
Who can be my Certificate Provider?
Your certificate provider can be either:-
- Independent – someone you know well (independent, not related to you, over 18, and known you for at least 2 years); or
- Professional – a professional (GP, solicitor, social worker, independent mental capacity advocate (IMCA). As specialist LPA solicitors QLAW can be your Certificate Provider even if you are making your own LPA.
> Book your Certificate Provider appointment NOW!
Who can not be a Certificate Provider?
The following can NOT act as certificate provider:-
- Appointed or replacement attorney
- Relative of donor
- Relative of attorney or replacement attorney
- Partner (unmarried) of donor or attorney or replacement attorney
- Business partner of donor or attorney or replacement attorney
- Owner, manager, director, or employee of a care home where you live
- Anyone associated with a trust corporation appointed as an attorney in a financial decisions LPA
Why can someone from my Care Home not act as my Certificate Provider?
If you are in care, no member of that organisation can act as your certificate provider. There is arguably a conflict of interests if someone from your care home were to act as your certificate provider. They are not truly independent. And, the whole point through the LPA appointment process is to provide safeguards against impropriety and therefore to protect the donor (the person making the attorney appointment).
Is a Witness the same as a Certificate Provider?
No! A witness is witnessing your signature. A certificate provider is certifying that:-
- Duress – you are not under pressure to appoint the attorney
- Knowledge – you have knowledge of the implication of what you are doing (ie the ‘power’ you are bestowing on the attorney(s)
- Capacity – you have the mental capacity to do so
Example of the Certificate for an LPA
You can see section 10 of the LPA (Certificate Provider) here which is correct at the time of writing. You should not use this form, which is provided for illustrative purposes only.
LPA – Certificate Provider
Need a Certificate Provider? Get started now with our ONLINE FORM or reach out to our expert LPA solicitors who are here to help. Check out our Certificate Provider page, email us at lpa@QLAW.co.uk or call 03300 020 853.