Setting up a Lasting Power of Attorney (LPA) is an essential step in safeguarding your future decisions. However, many people find the role of the Certificate Provider confusing. In this blog, we answer the most common questions about Certificate Providers in Lasting Power of Attorney applications and explain how they contribute to the validity of your LPA.
What are Certificate Providers in Lasting Power of Attorney?
Certificate Providers in Lasting Power of Attorney are an independent person who confirms that the individual setting up the LPA (known as the ‘donor’) understands the implications of the document and is doing so of their own free will. This role is crucial in ensuring that the donor is not under any undue influence or pressure to sign the LPA.
Why are Certificate Providers in Lasting Power of Attorney Necessary?
Certificate Providers in Lasting Power of Attorney act as a safeguard to prevent abuse, fraud, or coercion. Their certification ensures that the donor:
- Understands the nature and scope of the LPA.
- Is making the LPA voluntarily without pressure.
- Has the mental capacity to make the decisions stated in the LPA.
Without a Certificate Provider, an LPA cannot be legally registered, making it invalid.
Who can be a Certificate Provider?
There are two types of individuals who can act as a Certificate Provider:
- Someone who knows the donor personally: This could be a friend, colleague, or neighbour who has known the donor for at least two years.
- A professional with relevant expertise: This includes doctors, solicitors, or accountants who have the qualifications to confirm the donor’s understanding and capacity.
It’s important to note that close family members or beneficiaries of the LPA cannot act as Certificate Providers to avoid conflicts of interest.
What are the requirements for a Certificate Provider?
To ensure the validity of the LPA, the Certificate Provider must meet specific criteria:
- They must be over the age of 18.
- They must not be related to the donor, the attorneys, or the replacement attorneys by blood, marriage, or civil partnership.
- They cannot benefit from the LPA, either financially or otherwise.
- The Certificate Provider cannot be an attorney or replacement attorney named in the LPA.
These rules help maintain impartiality and ensure the Certificate Provider can act independently.
How does the Certificate Provider sign the LPA?
Once the LPA form has been completed, the Certificate Provider must sign the form in front of the donor and the chosen attorneys. This step confirms that the Certificate Provider has spoken with the donor and believes they meet the necessary conditions. The form will then be submitted for registration with the Office of the Public Guardian (OPG).
What happens if there is no Certificate Provider?
If an LPA application is submitted without a Certificate Provider, the OPG will reject the application. This delay can cause significant issues, especially if the donor needs the LPA to be registered quickly. Ensuring that the Certificate Provider is appropriately selected and signs the document can save time and prevent complications.
Can the Certificate Provider be challenged?
Yes, if there are concerns that Certificate Providers in Lasting Power of Attorney do not act impartially or that the donor lacked mental capacity at the time of signing, the LPA could be challenged. It’s essential to choose trustworthy and qualified Certificate Providers in Lasting Power of Attorney to avoid disputes or legal challenges later.
If you need guidance on choosing the right Certificate Providers in Lasting Power of Attorney, don’t hesitate to get in touch with Origin Wills. Our experienced team can provide all the support you need to ensure your LPA is legally binding and tailored to your needs.
Contact us today:
- Phone: 020 8777 6767
- Email: reception@originwills.co.uk
Frequently Asked Questions (FAQs)
Q1: Can my attorney be my Certificate Provider?
A1: No, your attorney cannot act as your Certificate Provider. This is to ensure that the process is impartial and there are no conflicts of interest.
Q2: How long does it take for the Certificate Provider to sign the LPA?
A2: The signing process is usually quick. However, the Certificate Provider will need to have a conversation with you (the donor) to confirm your understanding and willingness, which could take some time depending on the complexity of the LPA.
Q3: What happens if my Certificate Provider is deemed invalid?
A3: If your Certificate Provider doesn’t meet the legal requirements, your LPA could be rejected by the Office of the Public Guardian, leading to delays. It’s crucial to select a valid Certificate Provider from the start.
For more information on attorneys, witnesses and certificate providers, read the official Gov.uk page