An LPA must have a LPA certificate provider, who must sign the LPA. The LPA certificate provider is an impartial person who helps protect the LPA donor’s interests by ensuring the donor understands the LPA and is making it of their own free will.
The LPA certificate provider must discuss the LPA with the LPA donor. It’s best for this discussion to happen in private, without the LPA attorneys or anyone else present.
The LPA certificate provider signs the LPA to certify that they have discussed it with the LPA donor and that:
- The LPA donor understands the significance of their LPA.
- No one is putting the LPA donor under pressure to make the LPA.
- There has been no fraud involved in making the LPA.
- There is no other reason for concern.
The LPA donor must sign the LPA before the LPA certificate provider. The LPA certificate provider can also witness the LPA donor’s signature.
The certificate provider must be 18 years old or over and have mental capacity. They can be either:
- Someone who has known the LPA donor personally for at least 2 years, such as a friend or neighbour (but not a relative).
- Someone with relevant professional skills, such as the LPA donor’s GP or solicitor.
Someone who has known the Donor well for at least 2 Years
This could be one of the LPA donor’s friends or neighbours, someone they know at a social or sports club, a work colleague, or similar. The LPA certificate provider must be more than an acquaintance. They have to know the LPA donor well enough to have an honest conversation with them about the LPA and the power the LPA donor is giving to their attorneys.
‘People to notify’ can be certificate providers.
Someone with Relevant Professional Skills
Usually, someone with relevant professional skills would be one of the following:
- A registered healthcare professional, such as the donor’s GP.
- A solicitor, barrister, or advocate.
- A registered social worker.
- An independent mental capacity advocate (IMCA).
Other professionals may have skills that allow them to judge whether the LPA donor can make an LPA. Contact the Office of the Public Guardian if you’re not sure about the LPA donor’s choice of LPA certificate provider. If you choose a professional, they may charge you a fee.
The LPA certificate provider cannot be:
- Any LPA attorney or LPA replacement attorney for this or any other LPA or enduring power of attorney that the donor has made.
- A member of the LPA donor’s family or of any of the LPA attorneys’ families – including husbands, wives, civil partners, in-laws, and step-relations.
- An unmarried partner, boyfriend, or girlfriend of the LPA donor or any of the LPA attorneys.
- The LPA donor’s business partner or any LPA attorney’s business partner.
- The LPA donor’s employee or any LPA attorney’s employee.
- Anyone running or working for a care home where the LPA donor lives, or a member of their family.
- Anyone running or working for a trust corporation appointed as an LPA attorney in this LPA.
- The LPA donor.
- Any other person the Court of Protection may consider is not sufficiently independent.