When you make a Lasting Power of Attorney (LPA), one person you need to choose is a certificate provider. LPA certificate providers play a small but important part in the process, and choosing the wrong person is a common reason forms are rejected. This guide explains what a certificate provider does, who can and cannot act, and how to avoid the usual mistakes in England and Wales.
What is an LPA?
An LPA is a legal document that lets you (the donor) appoint one or more people (your attorneys) to make decisions for you. There are two types: one for property and financial affairs, and one for health and welfare. You must have mental capacity when you make an LPA, and it can only be used once the Office of the Public Guardian (OPG) has registered it.
What does a certificate provider do?
A certificate provider is an independent person who signs a certificate in your LPA. By signing, they confirm that:
- you understand what the LPA is and the powers you are giving your attorneys
- nobody is pressuring you or tricking you into making it
- there is nothing else that should prevent the LPA from being made
So, the certificate provider acts as a safeguard. Their role helps reduce the risk of fraud or undue pressure, because someone independent has spoken to you about your decision.
Who can be one of your LPA certificate providers?
A certificate provider must be 18 or over and have mental capacity. There are two kinds.
1. Someone who has known you personally for at least two years. This could be a friend, neighbour or colleague. However, they must know you personally, not just in passing, so that they can judge whether you understand what you are doing.
2. Someone with relevant professional skills. For example, your GP or another healthcare professional, a solicitor, a barrister, a registered social worker, an independent mental capacity advocate, or a professional Will writer such as a member of the Society of Will Writers.
Also, the certificate provider can act as a witness to your signature, which can make the signing simpler.
Who cannot be a certificate provider?
To keep the role independent, the following people cannot act as LPA certificate providers:
- an attorney or replacement attorney in this LPA or any other LPA or enduring power of attorney you have made
- a member of your family or of an attorney’s family, including partners, children, siblings, in-laws and step-relatives
- your business partner or an attorney’s business partner
- your paid employee or an attorney’s paid employee
- the owner, manager, director or an employee of a care home where you live, or a member of their family
- anyone running or working for a trust corporation appointed as an attorney in the LPA
How does a certificate provider assess understanding?
A certificate provider is not usually carrying out a formal medical assessment. Instead, they need to be satisfied that you understand the LPA. The Mental Capacity Act 2005 is the starting point. It presumes that you have capacity unless it is shown otherwise.
The Act also asks whether you can make a particular decision. To do this, you need to be able to:
- understand information relevant to the decision
- retain that information long enough to decide
- use or weigh the information
- communicate your decision in any way
A careful certificate provider will talk to you, ask open questions and check that you understand the powers you are giving. They should speak to you on your own, without your attorneys in the room, because this helps show that you are acting freely. If there is real doubt about your capacity, they may suggest a formal assessment first.
When does the certificate provider sign?
On the paper forms, you sign first. Then the certificate provider signs their certificate. They must sign on the same day as you or afterwards, never before. Finally, your attorneys sign after the certificate provider. If the order is wrong, the OPG will usually reject the LPA.
Common mistakes with LPA certificate providers
- choosing someone who has not known you personally for two years and has no relevant professional skills
- choosing a family member, an attorney’s relative or someone else on the excluded list
- the certificate provider signing before you do
- not having a private conversation with the certificate provider
- assuming any professional can act without checking that their skills are relevant
Avoiding these mistakes reduces the risk of delays, because a rejected LPA can mean starting again.
Digital LPAs and certificate providers
The Powers of Attorney Act 2023 allows the OPG to modernise how LPAs are made and registered, including more online steps and identity checks. As a result, certificate providers may increasingly confirm their part online rather than on paper. The rules about who can act remain the same. You can check the current process on the GOV.UK guide to making a Lasting Power of Attorney.
Choosing the right certificate provider
Choosing a suitable certificate provider is a simple step that matters. Whether you choose a friend of long standing or a professional, make sure they understand the role and are willing to speak to you on your own.
When A.D.E. Wills prepares your LPAs, Edward can act as your certificate provider as part of our service. We also explain the signing order and check the forms before they go to the OPG.
Need help with your LPA?
If you would like to make an LPA, or have a question about certificate providers, call 01865 507174 or email info@adewills.co.uk. You can read more about our Lasting Powers of Attorney, and our fixed fees are on the LPAs Pricing page.
