Power of Attorney – Who can be a Certificate Provider?

Views: 297

Share this article...

Who can be a certificate provider

Your Certificate Provider must be independent and of sound mind.

The certificate provider of your Lasting Power of Attorney (LPA) will confirm to the Court of Protection that you:

  • sound mind – you are ‘compos mentis’
  • understand – you full understand what the LPA does; and you are not
  • duress – being forced to make the LPA

It is important therefore that the certificate provider is independent, and suitably qualified.  There are two groups of potential certificate provider:

  • lay person
  • professional

What ‘lay person’ can be a Certificate Provider?

If a lay person is to be your certificate provider they must be more than just an acquaintance, and have known you well for at least 2 years.  So this might be a friend, colleague, or neighbour.  They key is that you know you well enough to be able to sensibly be able to confirm to the Court of Protection those things that they are ‘certifying’.  They must themselves be of sound mind.

Your lay certificate provider can NOT be a relative of you or your attorneys.  They can be the same person as any nominated ‘persons to be notified’.

Who can be a professional Certificate Provider?

A professional certificate provider must have relevant professional qualifications.  It might include:

  • solicitor
  • GP (or other registered healthcare professional)
  • social worker
  • IMCA (independent mental capacity advocate)

QLAW offers a professional certificate provider service. Find out more about our professional certificate provider service.

Why should I use a professional Certificate Provider?

There are very good reasons to use a professional certificate provider.  Firstly, they are (clearly) qualified to act as a certificate provider and so less likely to results in queries from the Court of Protection.

Secondly, it means you do not have to share confidential personal information with a friend or colleague.

And lastly, if there are any slight doubts around (eg) your capacity, then the professional is not only qualified to assess this, but is also entirely independent too.

Who can not act as my Certificate Provider?

Your certificate provider must not be:

  • attorney (or replacement)
  • family member or partner of your attorney
  • business partner of you or your attorney
  • employee of you or your attorney
  • care home – anyone associated with a care home where the donor resides

Read more here – Who can NOT act as Certificate Provider?

Where does my Certificate Provider sign the LPA?

Your certificate provider signs Section 10 of the LPA forms (whether Health & Care or Finance).  They must complete their own full names and address, and date their signature.  Their signature does NOT need to be witnessed.

NB – Your certificate provider must sign the form after you, and before the attorneys do.  Check out our guide on How to sign an LPA

Is a Certificate Provider the same as a ‘Witness’?

No!  They are different things.  That said, the certificate provider CAN witness the donor’s signature, and that of the attorney’s too.

Lasting Power of Attorney Solicitors

We hope you have found this guide helpful.  We have lots more information on all aspects of Lasting Power of Attorney so do check those out too.  Please remember that our guides are NOT legal advice and they (and any comments left) should not be taken as such.  However, our expert LPA solicitors are here to help – so do reach out.  You can leave a comment below, call, or email us.

Share this article...

More on this topic