What is a Certificate Provider?

Created: 23 April 2025

What is a Certificate Provider for a Lasting Power of Attorney (LPA)

A Lasting Power of Attorney or LPA is a legal document that enables a person (known as the donor) to appoint one or more individuals (attorneys or more accurately, donees) to make decisions on their behalf if they lose mental capacity or no longer wish to make decisions themselves. LPAs are a vital tool for future planning, offering individuals peace of mind that someone they trust will handle their affairs when they are no longer able to do so.

There are two types of LPAs in the UK:

• Health and Welfare LPA
• Property and Financial Affairs LPA

Health and Welfare LPA

Creating a Health and Welfare LPA allows the attorney to make decisions about the donor’s personal health and welfare, including:

• Daily routine (e.g., washing, dressing, eating)
• Medical care
• Moving into a care home
• Life-sustaining treatment (if explicitly permitted by the donor)

This type of LPA can only be used when the donor lacks the mental capacity to make these decisions.

Property and Financial Affairs LPA

Creating a Property and Financial Affairs LPA gives the attorney the authority to deal with the donor’s financial matters, such as:

• Managing bank accounts
• Paying bills
• Collecting benefits or pensions
• Selling property

Unlike the Health and Welfare LPA, a Property and Financial Affairs LPA can be used both when the donor still has mental capacity (with their consent) and when they no longer do.

LPAs replaced the earlier Enduring Power of Attorney (EPA) system in October 2007. EPAs could only deal with financial matters and did not extend to health or welfare decisions.

Creating an LPA

Creating an LPA involves several formal steps:

Choosing Attorneys: The donor must choose individuals they trust implicitly, as attorneys have significant power. More than one attorney can be appointed, and they can act:

• Jointly, where all must agree on every decision
• Jointly and severally, where they can act together or independently

Completing the LPA Form: This form can be filled out online or on paper and must include the donor’s details, attorneys’ details, and how they should act. There are also sections for preferences and instructions.

Certificate Provider: An essential part of the LPA process is the certificate provider (explained in more detail below). This person confirms that the donor understands the document and is not under pressure.

Registration with the Office of the Public Guardian (OPG): The LPA must be registered with the OPG before it can be used. This process takes several weeks and ensures the document is legally valid. There is a fee involved, though discounts or exemptions may be available for those on low incomes.

LPAs play a critical role in safeguarding individuals' autonomy and well-being. They help avoid costly and time-consuming court applications under the Court of Protection, which may be necessary if someone loses mental capacity without an LPA in place. Additionally, they provide clarity and certainty for families, healthcare professionals, and financial institutions, ensuring that decisions are made in line with the donor’s wishes.

While LPAs offer many benefits, they also come with responsibilities. Attorneys must always act in the donor’s best interests and follow the principles of the Mental Capacity Act 2005. They are expected to involve the donor in decisions wherever possible and respect their past and present wishes.

Certificate Provider

A certificate provider is a crucial figure in the creation of an LPA. Their primary role is to confirm that the donor understands the nature and implications of the document and is not being forced or coerced into making it. This helps protect vulnerable individuals from undue influence or abuse.

The certificate provider must complete a specific section of the LPA form, known as the certificate, in which they formally declare that:

• The donor understands what an LPA is and what powers they are giving to the attorney(s)
• The donor has not been pressured or misled into signing the LPA
• The donor has the mental capacity to make the LPA at the time of signing

To be eligible, the certificate provider must be either:

• Someone who has known the donor personally for at least two years (a friend, colleague, etc.), or
• A professional with relevant skills or expertise, such as a doctor, solicitor, social worker, or registered healthcare professional

However, certain individuals are disqualified from acting as certificate providers, including any attorney named in the LPA, family members of the donor or attorney, and employees of care homes where the donor resides (unless they are a professional with relevant qualifications).

The certificate provider plays an important safeguarding role in the LPA process. Their involvement ensures the donor’s capacity and voluntariness, providing an extra layer of security to the legal process.

Instruct Simply Social Work to undertake the role of Certificate Provider

We have ben assessing mental capacity for a long time; since 2009 in some cases. We can be instructed as professional certificate providers, even if we do not know the donor. We have the skills and knowledge to effectively determine whether the donor understands what an LPA is, and what powers they are giving to their Attorney(s). We will also take steps to determine whether the donor has been pressured or misled into completing the document. Finally, we will make a mental capacity determination to confirm (or otherwise) whether the person has the required mental capacity to appoint an attorney. You can find our more about an LPA mental capacity assessment, here.