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Lasting Power of Attorney Certificate Provider

What does a Certificate Provider do and why are they required? This guide explains the role of the LPA Certificate Provider, who can act in this role and how they help protect the Donor and ensure the LPA is valid.

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An LPA certificate provider is an independent person who confirms that you understand the LPA and are not being pressured into making it.

They play a vital role in protecting you and ensuring your Power of Attorney is legally valid.

The certificate provider confirms that:

  • The Donor understands what an LPA is and what powers they are giving.
  • The Donor is making the LPA voluntarily.
  • There is no fraud or undue pressure involved.
  • There is nothing else that would prevent the LPA from being valid.

This confirmation is a key safeguard required by law.

A certificate provider must be at least 18 years old and have mental capacity.

They must either:

  • Have known the Donor personally for at least two years, or
  • Have relevant professional skills, such as a GP, solicitor or other qualified professional.

They must be able to act independently and honestly.

A certificate provider cannot be:

  • An Attorney or Replacement Attorney named in the LPA.
  • A family member of the Donor or of any Attorney.
  • A business partner, employee, or director of the Donor or an Attorney.
  • Someone involved in running a care home where the Donor lives.
  • Anyone who may benefit from the LPA.

These restrictions help ensure impartiality and protect the Donor.

The certificate provider helps prevent abuse, fraud and coercion.

Without a valid certificate provider, the Office of the Public Guardian may refuse to register the LPA, causing delays or rejection.

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The Office of the Public Guardian needs to accurately verify each person's identity. If someone has a middle name and it appears on their passport, driving licence, or official documents, it must be included exactly as it appears.

Does this person have a middle name?