14/07/2023, 08:29 Who is the certificate provider? - Make a lasting power of attorney - GOV.

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Make a lasting power of attorney

Rebecca Kane:
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Make a lasting power of attorney

How to use this service

We'll use your answers to the questions that follow to make a Lasting Power of Attorney (LPA) that you can
save and print, get everyone to sign, then send to the Office of the Public Guardian for registration.

We'll save the LPA as you progress so you do not need to do it all in one go.

If this is the first time you’re making an LPA, you may want to look at our Before you begin
(https://www.lastingpowerofattorney.service.gov.uk/guide#topic-before-you-begin) help page. It explains the decisions
the donor (https://www.lastingpowerofattorney.service.gov.uk/guide#topic-donor) has to make about their LPA and the
information you’ll need to make an LPA.

This LPA covers property and financial affairs

This LPA covers property and financial affairs

The donor is Mrs Christine Kane

Change The donor is Mrs Christine Kane (/lpa/96628133069/donor)

Complete

The LPA starts as soon as it's registered (with the donor's consent)

Change The LPA starts as soon as it's registered (with the donor's consent) (/lpa/96628133069/when-lpa-
starts)

Complete

The attorney is Miss Rebecca Kane

Change The attorney is Miss Rebecca Kane (/lpa/96628133069/primary-attorney)

1 Attorney

There are no replacement attorneys

Change There are no replacement attorneys (/lpa/96628133069/replacement-attorney)

0 Replacement attorneys
lpa/checkout

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14/07/2023, 08:29 Who is the certificate provider? - Make a lasting power of attorney - GOV.UK

Who is the certificate provider?

Every LPA must have a certificate provider.

The certificate provider is an independent person who helps to protect the donor’s interests.

Before the donor signs the LPA, the certificate provider must discuss the LPA with the donor. This is to
make sure:

the donor understands their LPA and the power it gives their attorneys
no one is putting the donor under pressure to make the LPA

The certificate provider must:

be able to have an honest conversation with the donor

be the kind of person who speaks out if anything is wrong
be independent

The certificate provider signs the LPA after the donor.

! There are strict rules on who can and cannot be a certificate provider. If you do not follow them,
your LPA will not be registered.
Rules on who can and cannot be the certificate provider
Who can be a certificate provider
The certificate provider must be either:

someone who has known the donor well for at least 2 years, for example, you’re a friend or
neighbour (but not a relative)
a doctor, lawyer or someone with the professional skills to judge whether the donor understands
the LPA

The certificate provider must:

be 18 or over
be able to make their own decisions (have ‘mental capacity’)
Who cannot be a certificate provider
It’s important that the certificate provider is someone independent.

This means the certificate provider cannot be:

an attorney or replacement attorney on this LPA, or any other power of attorney the donor has
made
related to the donor - this includes being their husband, wife, civil partner, in-law or step-relation
related to an attorney or replacement attorney on the LPA
the donor’s boyfriend or girlfriend
an attorney or replacement attorney’s boyfriend or girlfriend
the donor’s employee or business partner
an attorney or replacement attorney’s employee or business partner
working for or running a care home where the donor lives
related to someone who works for or runs a care home where the donor lives

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working for or running a trust corporation appointed as an attorney in the LPA

the donor
anyone the Court of Protection does not think is independent enough

Find out more about certificate providers (/guide#topic-certificate-providers)

Add a certificate provider (/lpa/96628133069/certificate-provider/add) Skip this question for now

There are no people to notify

Change There are no people to notify (/lpa/96628133069/people-to-notify)

0 people to notify

Preferences and instructions

Change Preferences and instructions (/lpa/96628133069/instructions)

Complete

The LPA will be registered by Miss Rebecca Kane

Change The LPA will be registered by Miss Rebecca Kane (/lpa/96628133069/applicant)

Complete

The LPA will be sent to Miss Rebecca Kane

Change The LPA will be sent to Miss Rebecca Kane (/lpa/96628133069/correspondent)

Complete

Who was using the LPA service has been answered

Change Who was using the LPA service has been answered (/lpa/96628133069/who-are-you)

Complete

This is not a repeat application

Change This is not a repeat application (/lpa/96628133069/repeat-application)

Complete

The donor is not applying for a reduced fee

Change The donor is not applying for a reduced fee (/lpa/96628133069/fee-reduction)

Complete

Your feedback (/send-feedback) will help us to improve

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A guide to making your lasting power of attorney (LPA)

Certificate providers
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14/07/2023, 08:29 Who is the certificate provider? - Make a lasting power of attorney - GOV.UK

An LPA must have a certificate provider. They must sign the LPA.

The certificate provider is an impartial person who helps protect the donor’s interests by checking that the
donor understands the LPA and is making it of their own free will.

The certificate provider's role

The certificate provider must discuss the LPA with the donor. It’s a good idea for this discussion to happen in
private, without the attorneys or any one else present.

The certificate provider signs the LPA to certify that they have discussed the LPA with the donor and that:

the donor understands the significance of their LPA

no one is putting the donor under pressure to make the LPA
there has been no fraud involved in making the LPA
there is no other reason for concern

The donor must sign the LPA before the certificate provider. The certificate provider can witness the donor’s
signature.

Who can be a certificate provider

The certificate provider must be 18 years old or over and have mental capacity (/guide#topic-mental-capacity).

They can be either:

someone who has known the donor personally for at least 2 years, such as a friend or neighbour (but
not a relative)
someone with relevant professional skills, such as the donor’s GP or solicitor

Someone who has known the donor well for at least 2 years

This could be one of the donor’s friends or neighbours, someone they know at a social or sports club, a work
colleague, or similar.

The certificate provider must be more than an acquaintance. They have to know the donor well enough to
have an honest conversation with them about the LPA and the power the donor is giving to their attorneys.

'People to notify (/guide#topic-people-to-notify)' can be certificate providers.

Someone with relevant professional skills

Usually, someone with relevant professional skills would be one of the following:

a registered healthcare professional, such as the donor’s GP

a solicitor, barrister or advocate
a registered social worker
an independent mental capacity advocate (IMCA)

Other professionals may have skills that allow them to judge whether the donor can make an LPA. Contact the
Office of the Public Guardian (/contact) if you’re not sure about the donor’s choice of certificate provider.

If you choose a professional, they may charge you a fee.

Who cannot be the certificate provider?

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The certificate provider cannot be:

any attorney or replacement attorney for this or any other LPA or enduring power of attorney that the
donor has made
a member of the donor’s family or of any of the attorneys' families – including husbands, wives, civil
partners, in-laws and step-relations
an unmarried partner, boyfriend or girlfriend of the donor or any of the attorneys
the donor’s business partner or any attorney’s business partner
the donor’s employee or any attorney’s employee
anyone running or working for a care home where the donor lives, or a member of their family
anyone running or working for a trust corporation appointed as an attorney in this LPA
the donor
any other person the Court of Protection may consider is not sufficiently independent
Help topics
What is an LPA? (/guide#topic-what-is-an-lpa)
Mental capacity (/guide#topic-mental-capacity)
How to make an LPA online (/guide#topic-how-to-make-an-lpa-online)
Before you begin (/guide#topic-before-you-begin)
The 2 types of LPA (/guide#topic-the-2-types-of-lpa)
Donor (/guide#topic-donor)
When an LPA can be used (/guide#topic-when-an-lpa-can-be-used)
Life-sustaining treatment (/guide#topic-life-sustaining-treatment)
Attorneys (/guide#topic-attorneys)
How multiple attorneys make decisions (/guide#topic-how-multiple-attorneys-make-decisions)
Replacement attorneys (/guide#topic-replacement-attorneys)
Certificate providers (/guide#topic-certificate-providers)
People to notify (/guide#topic-people-to-notify)
Preferences and instructions (/guide#topic-preferences-and-instructions)
View a draft of the LPA (/guide#topic-view-a-draft-of-the-lpa)
If you find a mistake (/guide#topic-if-you-find-a-mistake)
Signing the LPA (/guide#topic-signing-the-lpa)
How to register the LPA (/guide#topic-how-to-register-the-lpa)
Applicant (/guide#topic-applicant)
Correspondent (/guide#topic-correspondent)
Fees, reductions and exemptions (/guide#topic-fees-reductions-and-exemptions)
Glossary (/guide#topic-glossary)

Need help? Ring us on 0300 456 0300. Alternatively, email us at customerservices@publicguardian.gov.uk

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