The Role of a Certificate Provider for Lasting Powers of Attorney
15 December 2020 by Sarah Rankin
In order to prepare and register a Lasting Power of Attorney (“LPA”) you, as Donor will need a Certificate Provider to sign the document. Each Lasting Power of Attorney you make will each need a separate signature from a Certificate Provider.
A Certificate Provider is an objective person who believes that you have the mental capacity to be making the LPA and they are signing to certify that you understand the nature and purpose of the document and that there is no pressure, fraud, or undue influence on you from any other party and that there is no other reason that would prevent the LPA from being created.
Because of what they are certifying, the Certificate Provider should meet with you and discuss your LPA alone with no other attorneys present. The Certificate Provider can also act as witness for you and your Attorneys when signing the LPA.
Who Can Be a Certificate Provider?
A Certificate Provider must be someone over the age of 18 years old and be, either:
- Someone whom has known you well for a minimum of two years (i.e. a friend, neighbour, or colleague – someone whom is more than just an acquaintance), or
- A Professional – a lawyer, doctor, registered social worker – someone with professional skills to judge your mental capacity/understanding and to confirm that there is no undue influence or pressure involved.
The Certificate Provider will sign the LPA the same day or after you sign as Donor and can be a Notifiable Person.
Who Can Not be a Certificate Provider?
- An attorney or replacement attorney from your LPA (or any other, or EPA that you have made)
- Any family of your attorney (i.e. wife, husband, civil partner, step-relatives or in-laws).
- An unmarried partner, boyfriend, or girlfriend of either you (as donor) or of your attorney (whether or not they live at the same address)
- A business partner or employee of yours or your attorney
- An owner, manager or director, or employee of a care home where you live or a member of their family
- Anyone running or working for a trust corporation or firm of solicitors which is appointed as attorney in the Property and Financial Affairs LPA
If you would like FJG to prepare your LPAs on your behalf, our information and costs are here. If we are instructed to prepare your LPAs you will not have to worry about choosing a Certificate Provider and we will advise and guide you through the process.
As long as we are not appointed as attorneys in your LPAs, the specialist lawyer in charge of your matter will act as your (professional) Certificate Provider as part of the cost of preparing your LPAs. If we are appointed as an attorney we will be able to advise you at the time as to whom is an appropriate person to act in this regard.
If you are unsure of whom can act as your Certificate Provider please contact one of specialised lawyers whom will be able to advise you. Or, if you have been asked to act as a Certificate Provider and would like some advice about how to judge a donor’s capacity, please contact us on 01206 700113 or email [email protected] for more information.
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