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      The Role of a Certificate Provider for Lasting Powers of Attorney

      15 December 2020 by Sarah Rankin

      certificate provider

      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:

      1. 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
      2. 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?

      1. An attorney or replacement attorney from your LPA (or any other, or EPA that you have made)
      2. Any family of your attorney (i.e. wife, husband, civil partner, step-relatives or in-laws).
      3. An unmarried partner, boyfriend, or girlfriend of either you (as donor) or of your attorney (whether or not they live at the same address)
      4. A business partner or employee of yours or your attorney
      5. An owner, manager or director, or employee of a care home where you live or a member of their family
      6. 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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      We are welcoming clients back to our offices

      Differing tiers and three lockdowns later, Fisher Jones Greenwood Solicitors are now pleased to be able to welcome clients safely back to our offices.

      Remote working and the digitalisation of the way we work, have been key to keeping FJG and the rest of the country going.

      • We are now able to offer, pre-booked face-to-face appointments. Although, we are still able to offer remote appointments if preferred.
      • You can continue to visit our offices at any time to post any correspondence and documents through letterboxes.

      If you are visiting an FJG office, covid-19 safety rules of social distancing, hand sanitization, and the wearing of masks will still apply.

      • Please be aware you will also need to have your temperature taken on arrival.
      • There will also be protective screens in place to protect you and our staff.

      Please do not hesitate to contact your legal adviser by email or by telephone should you have any worries or concerns. Alternatively, please call our main switchboard number (01206 835300), and a message to return your call will be relayed to the relevant person.

      Best wishes
      Paula Cameron
      Managing Partner