Certificate Provider for an LPA
Every Lasting Power of Attorney must have a certificate provider — an independent person who confirms you understand the document and are not being pressured. Here is everything you need to know about this important safeguard.
What Does a Certificate Provider Confirm?
The certificate provider signs a certificate within the LPA document confirming three things. Without this certificate, the Office of the Public Guardian will not register the LPA.
You understand the LPA
The certificate provider must confirm that you understand what the LPA means — including the powers you are granting to your attorney and when those powers can be used.
You have not been pressured
The certificate provider must confirm that no one has pressured or coerced you into making the LPA. This is the most important safeguard against financial abuse.
There is no fraud
The certificate provider must confirm that, as far as they are aware, the LPA is not being made as a result of fraud or misrepresentation.
Who Can (and Cannot) Be a Certificate Provider?
The Mental Capacity Act 2005 and the LPA regulations set out strict rules about who can act as a certificate provider. The key requirement is independence.
Solicitor (not acting for you on the LPA)
A solicitor who is independent of the LPA transaction can act as certificate provider. This is the most common professional choice and is included in PDA Law's LPA fee.
GP or other registered healthcare professional
A GP who knows you well is an excellent choice — they can also assess mental capacity. They may charge a fee for this service.
Social worker
A registered social worker who knows you can act as certificate provider.
Friend or neighbour (known for 2+ years)
Someone who has known you personally for at least two years and is not connected to the LPA can act as certificate provider.
Family member
Family members cannot act as certificate providers — even if they are not named as attorneys. This includes spouses, civil partners, parents, children and siblings.
Named attorney or replacement attorney
Anyone named as an attorney (or replacement attorney) in the LPA cannot also act as certificate provider.
Business partner or employee of the donor
Business associates of the donor cannot act as certificate provider.
Owner or manager of a care home where the donor lives
To prevent undue influence, care home owners and managers cannot act as certificate providers for residents.
We Can Act as Your Certificate Provider
At PDA Law, we include the certificate provider role in our LPA service. This means you do not need to find an independent professional separately — we handle everything, including certifying the document, as part of our fixed fee.