LPA Cer­ti­fic­ate Provider

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Catrin, UK Solicitor
02/04/2024 ● 3 minutes
Get­ting the right Cer­ti­fic­ate Provider for your Lasting Power of At­torney (LPA) is cru­cial. They assess your mental ca­pa­city to ensure you un­der­stand the nature and effect of the LPA, as well as the powers being granted to the at­tor­neys.

LPA Cer­ti­fic­ate Provider is a key player in cre­ation of the Lasting Power of At­torney cre­ation, of­fer­ing an un­bi­ased look to ensure you truly grasp what sign­ing an LPA means and that you're doing it by choice.

This step is super im­port­ant be­cause it's all about pro­tect­ing you - making sure your LPA genu­inely matches your wishes and looks after your in­terests in health, wel­fare, or fin­ances down the line.

Cri­ter­ia for Being an LPA Cer­ti­fic­ate Provider

To be eli­gible to act as a cer­ti­fic­ate provider for an LPA, a person must either be someone who has known you well for over two years, or a pro­fes­sion­al like a doctor or so­li­citor.

Their main re­spons­ib­il­ity is to pro­tect your in­terests, check­ing that when you set up an LPA, it's done with your in­formed con­sent and free from any out­side pres­sure. This part of the LPA pro­cess is es­sen­tial.

Choos­ing a pro­fes­sion­al might offer more ex­pert­ise and an ob­ject­ive view­point, but a per­son­al ac­quaint­ance might bring a deeper un­der­stand­ing of your values and wishes.

Each option has its merits: pro­fes­sion­als offer a high level of scru­tiny, where­as per­son­al ac­quaint­ances may add a per­son­al touch to the pro­cess.

Read more: Lasting Power of At­torney – Guide

Create a Tail­ored LPA Just in 10 Minutes

The cer­ti­fic­ate provider's role car­ries sig­ni­fic­ant legal weight, be­cause they have to make sure the LPA's pro­cess meets legal stand­ards and safe­guards your in­terests.

LPA Cer­ti­fic­ate Provider's key re­spons­ib­il­it­ies in­clude:

  • As­sess­ing Ca­pa­city: The cer­ti­fic­ate provider as­sesses your mental ca­pa­city to ensure you un­der­stand the nature and effect of the LPA, as well as the powers being granted to the LPA at­tor­neys
  • Cer­ti­fic­a­tion of Un­der­stand­ing: They must con­firm that you fully un­der­stand the scope and impact of cre­at­ing an LPA, in­clud­ing how it works and the powers it gives your at­torney.
  • Vol­un­tary Par­ti­cip­a­tion: They have to con­firm you are making the LPA of your own free will, without any ex­tern­al pres­sure or in­flu­ence.
  • Pres­sure Pro­tec­tion: The cer­ti­fic­ate provider acts as a safeguard against pres­sure or per­sua­sion, making sure that your de­cision is genu­inely your own.
  • Pre­vent­ing Fraud: By check­ing your iden­tity and en­sur­ing your in­ten­tions are genu­ine, the cer­ti­fic­ate provider plays a cru­cial role in pro­tect­ing against any fraud­u­lent activ­ity re­lated to your LPA.
  • Com­ple­tion of LPA Form: The cer­ti­fic­ate provider com­pletes and signs the rel­ev­ant sec­tions of the LPA form to con­firm their as­sess­ment and cer­ti­fic­a­tion.

Read more: How to Re­gister an LPA in the UK?

Common Ques­tions about LPA Cer­ti­fic­ate Provider

Below you can find an­swers to the most fre­quently asked ques­tions about LPA cer­ti­fic­ate provider.

1. Who Can Be a Cer­ti­fic­ate Provider for an LPA in the UK?

Not just anyone. They need to either be a pro­fes­sion­al like a doctor or so­li­citor or someone who's known you well for at least two years. They must be over 18 and have full mental ca­pa­city.

So, who cannot be a cer­ti­fic­ate provider for an LPA? Close family mem­bers or anyone who might be­ne­fit from your LPA.

2. Is Being a Cer­ti­fic­ate Provider just a Form­al­ity?

Ab­so­lutely not. The cer­ti­fic­ate provider plays a big part in making sure you really un­der­stand what sign­ing an LPA means and that you're doing it be­cause you want to, not be­cause someone else is pres­sur­ing you.

3. Do Cer­ti­fic­ate Pro­viders Make De­cisions for Me?

No, that's not their job. They're there to check you un­der­stand what you’re doing in cre­at­ing the LPA and that you’re doing it vol­un­tar­ily. Making de­cisions is up to your chosen at­torney.

4. Can the Person who Checks My LPA also Be My At­torney?

No, an at­torney ap­poin­ted in your LPA cannot also act as the cer­ti­fic­ate provider - this would create a con­flict of in­terest, as the at­torney has a vested in­terest in the LPA being cre­ated and may not be im­par­tial in their as­sess­ment.

Ad­di­tion­ally, at­tor­neys must make de­cisions on your behalf and should not be in­volved in the cer­ti­fic­a­tion pro­cess to ensure the in­teg­rity and valid­ity of the LPA.

5. Does the Cer­ti­fic­ate Provider Need to Watch Me Sign the LPA?

Yes, the cer­ti­fic­ate provider is re­quired to wit­ness the sign­ing of the LPA by you, the donor. The cer­ti­fic­ate provider must ob­serve the sign­ing of the LPA to con­firm that the donor is sign­ing the doc­u­ment vol­un­tar­ily and un­der­stands its im­plic­a­tions. This wit­ness­ing en­sures the valid­ity and in­teg­rity of the LPA cer­ti­fic­a­tion pro­cess.

Ad­di­tion­ally, the cer­ti­fic­ate provider must sign the rel­ev­ant sec­tions of the LPA form to cer­ti­fy their as­sess­ment of your ca­pa­city and un­der­stand­ing.

Read more: Ac­tiv­at­ing a Lasting Power of At­torney for Health and Wel­fare

How to Choose Your LPA Cer­ti­fic­ate Provider

Here's what to keep in mind to make sure you make the right de­cision when it comes to who to ap­point as your cer­ti­fic­ate provider:

  • Trust­wor­thiness: This person will con­firm you un­der­stand your big de­cision and are making it freely. Choose someone who genu­inely has your best in­terests at heart.
  • Know­ledge: They should either have a pro­fes­sion­al un­der­stand­ing of the LPA pro­cess (like a so­li­citor or doctor) or know you really well. They need to be con­fid­ent you're making in­formed choices.
  • Avail­ab­il­ity: Pick someone who's avail­able to dis­cuss your LPA when you're ready. You want this pro­cess to be smooth and prompt.
  • Neut­ral Party: It's wise to choose someone not named in your LPA as a be­ne­fi­ciary or at­torney, to keep things clear and un­bi­ased.
  • Com­mu­nic­a­tion Skills: They should be able to clearly ex­plain things and ask the right ques­tions to ensure you're making de­cisions without any pres­sure.

Read more: How to use a Lasting Power of At­torney?

Se­lect­ing Your LPA Cer­ti­fic­ate Provider

Se­lect­ing the right cer­ti­fic­ate provider is a key move in making sure your LPA works just as you intend. It’s all about adding a trust­worthy layer to your plans, keep­ing your future choices both safe and sound.

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