The importance of a Certificate Provider on an LPA

Posted on July 8th, 2024 in News.

A Lasting Power of Attorney (LPA) is a document that gives legal authority to someone or multiple people to make decisions on your behalf if you are unable to make those decisions yourself or if you are unable to continue managing your affairs.

In order to have an LPA in place, you will need to have a Certificate Provider. A Certificate Provider’s role in an LPA is vital. They are required to ensure that the person wanting the LPA (the Donor) understands the following:

What an LPA is and the contents of the LPA itself
The power they are giving to their Attorney(s)

They are also there to ensure that there is no undue influence, duress or pressure being applied to the Donor to make an LPA.

By acting as a Certificate Provider, you are confirming to the Office of the Public Guardian (the Court) that you have fulfilled your duty in ensuring the above criteria has been satisfied. This is confirmed to the Court by way of the Certificate Provider signing a certificate within the LPA itself.

A Certificate Provider can either be; someone you have known personally for 2+ years OR someone with relevant professional skills (such as a solicitor). Certain persons are unable to act as a Certificate Provider for the Donor (e.g. someone related to you).

As well as ensuring they fit the criteria of who can act as Certificate Provider, they must also ensure that they are signing the LPA in the correct conditions.

In recent case law (TA v Public Guardian (2023 EWCOP 63)), the Court are seen to be cracking down on LPAs being put in place where the Certificate Provider has not fulfilled their duties correctly. Failing to satisfy the requirements may result in the LPA being invalid. Any person therefore being asked to be a Certificate Provider should approach the role with caution and understand the requirements they must fulfil to ensure the LPA can be validly put in place.

As part of our service, we can prepare the LPAs, organise signing of the same, deal with registration of LPAs for you and we will also act as your Certificate Provider. This therefore leaves you (the Donor) with the relief knowing that the LPA is being prepared and registered correctly, signed in the appropriate way and that sufficient checks are being carried out to ensure that you are fully aware of the document you are agreeing to go ahead with and the power it holds.

If you would like to speak to one of our solicitors about making an LPA, then please call our office to arrange an initial appointment on 01983 524741/ 01983 752492 or please use our Contact Form below. We will then be able to provide information on our costs to prepare an LPA for you and act as your Certificate Provider.

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Newport Office

36 St James Street, Newport, PO30 1LF

01983 524741

01983 556088

Freshwater Office

Avenue House, Avenue Road, Freshwater, PO40 9UZ

01983 752492

01983 754247