What is an LPA certificate provider and what do they do?
24th May 2023 by Kate Mansfield
If you are making a Lasting Power of Attorney or LPA, you will need a certificate provider to sign the LPA. We take a look at the role of the certificate provider and why they are important.
A Lasting Power of Attorney gives legal authority to someone to act on your behalf in the event that you ever become unable to manage your own affairs. This could be in respect of your property and financial affairs and in respect of your health and welfare.
When you make an LPA, you need to choose one or more attorneys. In addition, you also need to ask a certificate provider to sign. Without the signature of a certificate provider, the LPA will not be valid.
What is the certificate on an LPA?
The certificate is confirmation that you are able to make an LPA, specifically that:
- You have not been pressured into doing so
- You understand what the LPA is and what it contains
- You understand the effect that signing an LPA will have and the authority that it gives to your attorney
- There is nothing that means that the LPA should not be made
Who should I choose to be a certificate provider?
You can either choose someone whom you have known on a personal level for at least two years or someone with relevant professional skills. This could be:
- Your GP
- Another type of registered healthcare professional
- Your social worker
- A mental capacity advocate
- The certificate provider needs to be independent from you, ie. you cannot choose:
- A family member or unmarried partner
- A family member of your chosen attorney or their unmarried partner
- Anyone employed by you or who is your business partner
- The person you have chosen to be your attorney
- Anyone whom you have previously appointed as your attorney
- Anyone employed by or involved with your care home, if you live in one, or anyone related to them
- A director or employee of a trust corporation that is an attorney under the LPA
What does the certificate provider do?
Your certificate provider must satisfy themselves that you fully understand the LPA and that you are not being coerced or tricked into signing it.
They should speak to you on your own and discuss the signing of an LPA to establish that you know the implications of signing. It is important that your attorney is not present when you discuss the LPA with your certificate provider, as this will invalidate it.
If anyone else is present because they are needed, for example, to interpret what you are saying, this must be noted on the certificate.
In the event that questions are raised in the future over capacity to sign or whether you were pressured, your certificate provider needs to be able to confirm that they did not believe this to be the case.
Questions the certificate provider should ask
In order to satisfy themselves that you are making the LPA freely and that you fully understand its effect, the certificate provider can ask questions such as:
What is an LPA?
What powers are you giving to your attorney?
Why do you want to give these powers to your attorney?
What affairs will your attorney be able to decide for you?
What financial decisions will your attorney be able to make for you?
Why have you selected the attorney that you have chosen?
Has your proposed attorney told you how to answer these questions?
Do you have any concerns over whether your attorney can be trusted?
Is there any reason not to make an LPA?
If your certificate provider has any concerns, they are strongly advised to speak to an LPA solicitor who will be able to advise them further on the right course of action.
Contact us
If you are thinking of making an LPA please contact a member of Laceys Wills, Probate and Trusts team on 01202 377984 and we will be happy to help.
Kate Mansfield
Partner — Private Client
Direct dial: 01202 377853
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“We have had the pleasure of Kate’s sensitive and unwavering professional support for a number of years. She has always been able to combine her deep expertise, with practical context and a tone of voice that gently escorts you through, often difficult decisions. We could not recommend Kate highly enough, both professionally and personally.”
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“Kate was extremely knowledgeable, straightforward to deal with as well as sympathetic during what was a difficult time. I felt in good hands!”
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“We were treated with respect and felt our wishes were taken in consideration. The patience shown in helping us understand the implications of decisions was outstanding.”
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“Very efficient and welcoming. Understood my access requirements and my unique concerns thoroughly.”
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“Mrs Mansfield has been exemplary in every respect. She is an excellent listener and has the ability to explain complex issues patiently and emphatically. We are fortunate in having her as our legal adviser.”
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“Professional, always available for a phone enquiry. Always informed me as thing's progressed. Excellent company with very pleasant and helpful front of house. My sincere thanks.”
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“Kate took the trouble to understand the particularities affecting my Will and found sensible ways of dealing with them.”
Kate is a Partner in our Private Client Team and has 25 years’ experience in private client work, specialising in wills, tax planning and estate administration. Kate has worked in this area since she qualified and has assisted thousands of families and individuals.
Kate qualified as a solicitor in 1995 after obtaining a 2.1 in Law from the University of Kent. She completed her training contract with Laceys and became a partner in 2002.
Kate is a full member of the Society of Estate and Trust Practitioners (STEP) and sat on the STEP committee for 6 years. She has also taught on the Legal Executives course at Bournemouth & Poole College.
Kate enjoys the personal side of the work and the satisfaction of assisting the bereaved and families with complex affairs, whether it be complex financial aspects or those where a diplomatic hand is required. She prides herself on being able to explain the legal position in plain English.
Out of the office she enjoys keeping fit. She enjoys going to the gym and getting out into the Dorset countryside on her road bike. Cooking, particularly baking, is also a passion.
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