What is a certificate provider?
A certificate provider is a key part of a Lasting Power of Attorney, who is appointed by the donor to complete the form and confirm that they understand what powers they are giving to the attorney.
What does a certificate do?
The certificate acts as confirmation that the donor understands the LPA and what it’s for and is not being tricked or pressured into making it. Without it, an LPA cannot be registered and is not valid. LPAs can be made via a legal representative or independently and increasing numbers of people are using LPA online providers such as https://powerofattorneyonline.co.uk/blog/who-can-act-as-a-certificate-provider-your-questions-answered/. Once registered, they can be used.
Who can act as a certificate provider?
A certificate provider cannot be related to the donor or attorney. They must be aged 18 or over and cannot be an employee of either the donor or the attorney.
They can either be someone who has known the donor for a minimum of two years or be someone with relevant expertise such as a solicitor, GP or social worker.
Responsibilities
As a certificate provider, you are responsible for ensuring the safeguarding of the donor. You have to talk to them in private, away from their attorney, to discuss the contents of the LPA and check if they understand and are happy with it. You must then confirm that this has been done in the certificate.
The certificate should be signed straight after the discussion, as you are confirming that at the time of signing, you believe the donor has the mental capacity to make the LPA.
