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What is a Certificate Provider?

A certificate provider is a crucial safeguard in the Lasting Power of Attorney (LPA) process. Their role is to confirm that the person making the LPA (the donor) fully understands what they are doing, and is not being pressured or influenced to make it. Without a certificate provider, an LPA cannot be registered.

What does a Certificate Provider do?

A certificate provider signs a legal statement within the LPA form, confirming that:

  • The donor understands the purpose and scope of the LPA.
  • The donor is making the LPA of their own free will.
  • There is no fraud or undue influence.
  • The donor has mental capacity at the time of signing.

Who can act as a Certificate Provider?

There are two types of certificate provider:

  1. Knowledge-based provider. Someone who has personally known the donor for at least 2 years. This could be:
    • Friends.
    • Colleagues.
    • Neighbours.
  2. Skills-based provider. A professional with the relevant expertise to assess capacity, such as:
    • Solicitors.
    • Doctors.
    • Social workers.
    • Estate planners with appropriate training.

IPW members are on the OPG's approved certificate providers list.

Who cannot act as a Certificate Provider?

  • An attorney named in the LPA.
  • A family member of the donor or any attorney.
  • A business partner or paid employee of the donor or attorney.
  • Anyone running or working for a care home where the donor resides.
  • Someone lacking the mental capacity to understand the role.

A poorly chosen certificate provider can invalidate an LPA or lead to disputes later. Always ensure the provider is independent, has no vested interest, and is competent.