A certificate provider is a person who confirms that you understand the legal nature of your lasting power of attorney and that you have mental capacity. The certificate provider will also confirm that you have made the lasting power of attorney without any influence from others. This is a very important safeguard designed to protect you from fraud.
The certificate provider’s role is very important and there are two types:
- a friend who has known you well for at least two years; &
- a professional who has the necessary expertise to judge your ability to make a lasting power of attorney such as a GP or solicitor.
You will need to have at least one certificate provider but if you do not wish to name anyone to be told of the registration then you must have two certificate providers. It is important that the certificate provider is aware of the significance of making clear notes relating to the certification of the lasting power of attorney. These notes should be retained for as long as is necessary and at the very least until the lasting power of attorney is registered in the event there is a challenge as to the validity of the document.
A certificate provider can not be:
- under 18;
- a member of your family or the attorney’s family;
- a business partner or paid employee of yours or the attorney(s);
- an attorney appointed in another lasting power of attorney or any enduring power of attorney made by you;
- the owner, director, manager or an employee of a care home in which you live or their family member; &
- a director or employee of a trust corporation appointed as attorney in the lasting power of attorney (this only applies to someone certifying a property & financial affairs LPA).
For anything further, one of our specialists would be delighted to meet you either in our office or in your own home to talk through your requirements and answer any questions. Please contact us at any time.