Our experienced registered Independent Social Workers can act as a Certificate Provider for Lasting Powers of Attorney. A Certificate Provider is an impartial person who signs the Lasting Power of Attorney form to confirm that you understand what you are signing, and that no undue pressure has been placed on you to enter into the agreement.
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Certificate Provider for Lasting Power of Attorney
As an impartial person, the Certificate Provider signs the Lasting Power of Attorney forms to confirm that the individual (Donor) understands the significance of the Lasting Power of Attorney and is mentally capable of making this decision, and that no undue pressure has been placed upon them to do so. The Certificate Provider must also ensure that no fraud is involved in the making of the Lasting Power of Attorney, and that there are no other reasons for concern.
A small summary report will be provided as part of this service, at no additional cost.
The Appointment Process
We will only seek approximately half an hour of your time, but this can vary depending on the nature of the circumstances. We can complete Certificate Provider appointments in the majority of private settings.
Our business is born from a deep rooted passion for empowerment. Our Independent Social Workers have been working in the field for an extensive amount of years and specialise in working with all manner of diverse backgrounds, priding ourselves on our kind and professional approach.
We are happy to act as Certificate Providers for members of the public who instruct us directly. However, we do suggest that you speak with a legal or financial specialist in Lasting Powers of Attorney.
Who Cannot be a Certificate Provider?
To be a Certificate Provider, certain conditions must be met, and specific individuals are ineligible for this role due to potential conflicts of interest. These individuals include:
- Family members or extended family of the Donor.
- The Donor's business partner, director or employee.
- Any Attorneys from the current or previous LPAs.
- If the Donor resides in a care home, the home's owner, director, employees, or any family member of these individuals.
- Any person associated with a trust corporation appointed as an attorney to handle financial decisions.
These restrictions are in place to prevent conflicts of interest that could arise from personal relationships with the Donor.
The Certificate Provider must ensure that the Donor is not under any pressure, fully understands the power they are granting to their Attorneys, and that they have the capacity to make such decisions. All our Mental Capacity Assessors are experienced and registered professionals such as Social Workers or Nurses, we are qualified and experienced to act as impartial and trustworthy Certificate Providers.
Understanding the Power of Attorney Act 2023: Key Changes
The Power of Attorney Act 2023, introduced by Stephen Metcalfe MP and supported by the government, marks a significant step towards modernising the way Lasting Powers of Attorney (LPAs) are made and managed in the UK. Here we have included a breakdown of what this new legislation entails and some of the key changes it…