The Certificate Provider is the person who confirms that you understand the nature of your Lasting Power of Attorney. Also that you are mentally competent to create your Lasting Power of Attorney and that you are writing your Lasting Power of Attorney because you wish to, not because someone else is forcing you too – perhaps to rob you.
LPA Certificate Provider is an important role.
There are two types of certificate provider:
- A friend who has know you well for at least two years can act as certificate provider or
- A professional who has the necessary ability to judge your legal ability to create a lasting power of attorney can also act as certificate provider. That doesn’t just mean medical professionals (though they should be involved if others may try to set aside the LPA on the grounds that you were not mentally well enough to make it). Some Legal folk know the rules of the Mental Capacity Act 2005 better than most doctors! However, we find that probably a majority of professionals neither understand Lasting Powers of Attorney nor (perhaps wisely) don’t feel competent to act as a Lasting Power of Attorney certificate providers.
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That is the background on LPA certificate providers. To get started go HERE
LPA Certificate Provider. The official version!
An LPA Certificate provider must be an independent person who is able to confirm that you understand the significance of your lasting power of attorney. They must have known you well for at least two years, or have relevant professional skills to enable them to confirm that you understand the significance of your lasting power of attorney (for example, your GP or solicitor). They also need to certify that no undue pressure or fraud is involved in the making of the lasting power of attorney.
Your attorney(s) or replacement attorney(s) cannot also act as a certificate provider.
A person to be told can act as a certificate provider.
How many LPA Certificate Providers?
You must have at least one certificate provider. If you decide not to have any people to
be told, you must have two certificate providers. We do not think this is a good idea, but appreciate that sometimes it is the only way to go.