Who Can Act as a Certificate Provider? Your Questions Answered

24th December 2025

When creating a lasting power of attorney with a service like Power of Attorney Online, choosing a certificate provider is a legal requirement. This role exists to protect the person making the LPA and to ensure the document is being created freely and with full understanding. Despite its importance, many people are unsure who can act as a certificate provider and why it matters.

This guide answers the most common questions clearly and simply.

What is a certificate provider?

A certificate provider is an independent person who confirms that the donor understands the lasting power of attorney and is not being pressured into making it. They sign the LPA to confirm that, in their opinion, the donor has mental capacity and is acting of their own free will.

Without a valid certificate provider, the LPA can’t be registered.

Who can act as a certificate provider?

In England and Wales, a certificate provider must be either:

• Someone who has known the donor personally for at least two years, such as a friend, neighbour or colleague.
• Or a professional with relevant skills, such as a solicitor, GP, social worker, nurse or other regulated professional.

The key requirement is that the person is independent and able to make a reasonable judgement about the donor’s understanding and freedom of choice.

Who can’t act as a certificate provider?

Certain people are not allowed to act as a certificate provider because of the risk of influence or conflict of interest. This includes:

• An attorney named in the LPA or a replacement attorney.
• A family member of the donor.
• A family member of an attorney.
• A business partner or employee of the donor or attorney.
• Anyone under the age of 18.

These restrictions are designed to protect the donor and reduce the risk of abuse or coercion.

Why is the certificate provider role so important?

The certificate provider acts as a safeguard within the LPA process. Their role helps to ensure that:

• The donor understands the powers they are giving away.
• The donor is not under pressure or control from someone else.
• The LPA reflects the donor’s genuine wishes.

This is especially important where there may be concerns about vulnerability, declining health or family dynamics.

Does the certificate provider assess medical capacity?

A certificate provider does not carry out a formal medical capacity assessment unless they are medically qualified and believe it is necessary. Instead, they make a reasonable judgement based on conversation and understanding.

They must be satisfied that the donor can understand, retain and use information about the LPA and communicate their decision.

What happens if the certificate provider is not valid?

If the Office of the Public Guardian believes the certificate provider is not suitable or independent, the LPA may be rejected or investigated. This can cause delays and additional stress for everyone involved.

Choosing the right certificate provider from the start helps ensure the LPA process runs smoothly.

How do you choose the right certificate provider?

The best choice is someone who knows the donor well enough to confirm understanding or a professional who is comfortable explaining legal decisions. Independence, honesty and confidence are more important than job title.