What is a Certificate Provider and why do we need one? 

The certificate provider’s role is an essential part of the process in completing your Lasting Powers of Attorney (LPAs), making these legal and ready for submission to The Office of Public Guardian in order to be registered. Without this, your LPAs will not be valid and will be returned to you, causing you unnecessary delays.

The role of a certificate provider 

The certificate provider is an individual acting as an impartial observer to ensure that you, the donor, understands the LPAs you are entering into with no concerns regarding your mental capacity or understanding of the powers. 

What does a certificate provider do?

The key purpose of a certificate provider is to safeguard the rights of you, the donor, ensuring you are entering into your LPAs free from any coercion, pressure, or undue influence. The certificate provider needs to be satisfied that you understand the documents you are signing and that the documents are valid with the key purpose of protecting your interests. 

Key responsibilities

The certificate provider’s key responsibilities include ensuring that you, the donor, understand the powers you are bestowing upon your chosen attorneys and the key function and purpose of the LPAs you are entering into. 

A key responsibility also lies in ensuring that you are not in any way being tricked, pressured, or placed under duress to enter into your LPAs or giving the powers to your attorneys unwillingly. 

Who can act as a certificate provider?

This can be someone you have known personally for two or more years.

Or

An individual with relevant professional skills and expertise as detailed below;

• A registered health professional, including your GP

• A registered social worker

• A lawyer

• An Independent Mental Capacity Advocate (IMCA)

Who cannot act as a certificate provider?

• An attorney or replacement attorney for the LPA
• An attorney or replacement attorney in any other LPA or Enduring Power of Attorney that you’ve already made
• A member of your or your attorney’s family, including extended family
• An unmarried partner of yours or any of your attorney’s
• Yours or any of your attorney’s business partners or employees
• Anyone employed within the care home you reside in, including the owner, manager and director
• Anyone running or working for a trust corporation appointed as an attorney in a property and financial affairs LPA

Who can be present during the certificate provider meeting?

You can choose to have someone present with you during the meeting. Sometimes, you may feel this is beneficial if, for example, you have communication difficulties such as to your speech or hearing. Or, you may simply wish to have someone familiar with you on the day. It is essential that any named attorneys, however, are not present during this process as doing so will invalidate the LPAs and the certificate provider would be unable to sign due to an inability to conclude that no undue influence/pressure was at play. 

What will I be asked during the process?

• As part of a general discussion, together we will explore the following points;

• The purpose of an LPA and an ability to understand the contents of your LPA

• The powers you are bestowing upon your attorney(s) and why you have chosen them / are they trustworthy and any qualities they possess for the role

• How you wish your attorneys to act

• When you wish your attorneys to act in regard to property and financial LPA

• That you understand when your attorneys can act in regard to your health and welfare LPA 

• Your legal rights and responsibilities 

• That you are not being pressured, tricked or placed under duress to make the LPAs

• Positives / any negatives / motivation to entering in to the proposed LPA 

• That you understand you can revoke your LPAs even when registered if you possess the mental capacity to do so at that juncture

• Whether you wish for the powers to be registered immediately or in the future

• That once signed by all parties, the LPA must be registered with The Office of the Public Guardian in order to be used. The health and welfare LPA can only be used if you have lost the mental capacity to deal with an issue yourself

We can also act as a witness and will cover the following points:

• Life sustaining treatment – health and welfare LPA

• Preferences / instructions outlined in your LPAs

• Witnessing attorney’s signatures

Will the certificate provider be completing a mental capacity assessment on me?

No, your chosen certificate provider must ensure that you understand the LPAs you are entering into, that you are free from any coercion or undue influence and that you are freely able to discuss in private your motivation for entering into the powers and that the decision as to whom your chosen attorneys are to be is yours and that you understand the powers you are bestowing upon them. The certificate provider must be certain that you, the donor, has the necessary capacity to enter into the LPAs before they can sign to certify that on the day it is their opinion that after all practical steps have been followed, they are satisfied you are able to enter into the LPAs freely and fully informed. 

Should there be any concerns in regard to your capacity and understanding or if you are seeking a ‘belt and braces’ approach to the LPAs then Thornton & Lee will discuss your needs and, if required, arrange a formal mental capacity assessment for you.

We understand that these processes can be daunting, but please be assured that at Thornton & Lee, we pride ourselves in putting you at ease and ensuring that the process is stress-free and comfortable. Our assessors are fully trained in the role of certificate provider, ensuring the process is relaxed, seamless and supportive. Should you wish to consider this service then get in touch today by completing our contact form here for your free no no-obligation quote, where our friendly team will be able to talk you through the process and answer any questions you might have.