LPA Certificate Provider: Who Qualifies & What They Do

What is an LPA Certificate Provider?

A certificate provider is an independent person who confirms that:

• You understand what an LPA is and what it does
• You're making the LPA of your own free will
• No one is pressuring or forcing you
• You have the mental capacity to make this decision

Their role is to protect you from potential abuse or mistakes.

Who Can Be a Certificate Provider?

There are two categories:

Category 1: Professionals (Knowledge-Based)

People with relevant professional skills, such as:

• Solicitors or barristers
• Doctors (GP or hospital doctor)
• Registered nurses
• Social workers
• Independent Mental Capacity Advocates (IMCAs)
• Registered healthcare professionals
• Licensed conveyancers

Note: They don't need to have known you for any particular length of time.

Category 2: Personal Acquaintances (Relationship-Based)

Someone who:

• Has known you personally for at least 2 years
• Has the skills to assess that you understand the LPA
• Examples: long-term friends, colleagues, neighbours

Who CANNOT Be a Certificate Provider?

✗ A family member of the donor (you) ✗ A family member of any attorney ✗ Anyone named as attorney or replacement attorney ✗ An attorney's business partner or employee ✗ The owner, manager, or employee of a care home where you live ✗ Anyone running a business that employs an attorney ✗ A family member of someone who runs the business employing an attorney

What Does a Certificate Provider Do?

Before Signing

They should:

Meet with you privately (without attorneys present)

Discuss the LPA and explain what it means

Ask questions to check your understanding

Assess your capacity to make this decision

Check you're not being pressured

When Signing

They complete Section 10 of the LPA, confirming:

• They've discussed the LPA with you
• You understand its purpose and scope
• No one has pressured you
• There's nothing preventing the LPA being created

Their Liability

Certificate providers can be held accountable if they:

• Certify an LPA knowing the donor lacks capacity
• Fail to identify obvious signs of pressure or abuse
• Don't properly discuss the LPA with the donor

Finding a Certificate Provider

Option 1: Use a Professional

• GP or doctor: May charge a fee (typically £50-100)
• Solicitor: May include in LPA service or charge separately
• Social worker: If you have one involved in your care

Option 2: Use a Personal Acquaintance

Must have known you 2+ years. Good options:

• Long-term friend
• Work colleague (current or former)
• Neighbour
• Club or organisation member
• Religious leader

Questions a Certificate Provider Should Ask

A good certificate provider will ask you:

What is an LPA?

What decisions can your attorney make?

When can your attorney make decisions?

Who have you chosen as attorney and why?

Do you understand you can cancel the LPA while you have capacity?

Has anyone told you who to appoint?

Do you feel pressured by anyone?

Common Certificate Provider Mistakes

Mistake 1: Using a family member

Even distant relatives are excluded.

Mistake 2: Not meeting privately

The certificate provider should speak with you alone, without attorneys present.

Mistake 3: Just signing without discussion

They must actually discuss the LPA with you.

Mistake 4: Professional not understanding their role

Some professionals unfamiliar with LPAs may not complete the section correctly.

Tips for a Smooth Process

Explain the role clearly to your chosen certificate provider

Provide them with guidance on what they need to do

Allow enough time for a proper discussion

Ensure privacy for your meeting

Check they've completed the form correctly before submission

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