So, what is a Certificate Provider, why do you need one and who should you ask to act in this role?
When applying to register a Lasting Power of Attorney (LPA) it is crucial, to avoid any kind of abuse associated with the application, that the person to whom the LPA relates has sufficient mental capacity to make the application. This means, according to the Mental Capacity Act 2005, that they should fully understand what a Lasting Power of Attorney is, how it works and what it’s implications are.
The role of a Certificate Provider is to certify that, in their opinion, the donor has the required capacity to make the LPA application and they are not being put under pressure to do so. They are required to read and sign your LPA application.
The Certificate Provider should, if possible, talk in private with the donor to be able to make an informed decision.
A Certificate Provider must be a friend or colleague that you have known for a minimum of two years or a doctor, lawyer or another professional person who is capable and qualified to make an informed decision in relation to capacity.
When you instruct us to help you make an LPA application, we will only to do so if, after speaking with you at length about the details of the process, we are satisfied that you have the required capacity to do. Usually, there is no doubt over mental capacity and we are able to act as your Certificate Provider, however, if there is any doubt (for example if there has been a diagnosis of dementia) it may be necessary to appoint an expert mental capacity advisor.
People that cannot act as your Certificate Provider include anyone under 18, your attorney or replacement attorney (or their spouse), your partner, your business partner or anyone working at a care home in which you reside.
If you have an questions in relation to making a Lasting Power of Attorney or would like to make an appointment, please do not hesitate to get in touch.
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