When making a Lasting Power of Attorney to deal with Property & Financial affairs or Health & Welfare it is obligatory to have a Certificate Provider countersign the document.
A Certificate provider is an independent person chosen by the individual making the Lasting Power of Attorney to confirm that in their opinion the person making the LPA:-
- Fully understands the purpose of the document
- Fully understands what the Attorneys duties are
- Is not under any pressure or undue influence from anyone to make the LPA
- There is no prevention to a valid LPA being made
The Certificate Provider must be confident that the person making the Power is capable of making the LPA under the Mental Capacity Act 2005.
Who can be a Certificate Provider?
There are two types of Certificate Provider:-
- Knowledge based provider – someone who has know the person making the LPA document personally for at least 2 years
- Skills based – a professional with the skills to assess the mental capacity of the person making the LPA. This could be a registered health care professional, solicitor, barrister, doctor or any other person who is regarded as having the relevant skills and expertise to make an accurate judgement on someone’s mental capacity.
There are also people who cannot act as a Certificate Provider such as:-
- An attorney under the LPA document,
- A family member or the person making the LPA or any of the attorneys,
- A business partner or employee within the same business
- A director, employee or manager of a care home in which the person making the LPA or one of their family members resides.
What are the duties of the Certificate Provider?
The most important duty if the Certificate Provider is to assess the mental capacity of the person making the LPA.
This person must be fully certain that the person making the LPA is at full capacity to do so as if there is any question as to the validity of the LPA they may be called on by the Office of the Public Guardian or the Court of Protection to justify their signature.
Once the Certificate Provider is satisfied of capacity and has signed their part of the LPA document their involvement will end. The role of a Certificate Provider is a serious and intricate task crucial to making the Lasting Power of Attorney.
For advice on Lasting Powers of Attorney, Capacity or Court of Protection please contact our team on 0800 015 0340 to arrange an initial free half hour appointment at any of our offices in Huddersfield, Halifax, Wakefield, Horbury, Leeds, Pudsey or Morley.