What is a Certificate Provider?
All Lasting Powers of Attorney (LPA’s), whether they are dealing with Health and Welfare, or Property and Financial Affairs, must be registered with the Office of the Public Guardian to be deemed valid.
Each LPA needs to be certified by an independent signatory to state that the donor (see glossary) has the required mental capacity. The Certificate Provider must be either someone who has known the donor well for over 2 years, or somebody acting in a professional capacity.
The Certificate Provider cannot be a member of the either the Donor’s or Attorney’s families. Also they cannot be a Director, Manager, owner or employee of a Care Home in which the Donor lives. Finally, they can’t be a business partner, or be employed by the same business or firm as an Attorney or the Donor.
What are the duties of a Certificate Provider?
The person acting as Certificate Provider must be able to demonstrate that they understand the process of making an LPA, and its implications. They must be confident that the donor understands they are giving rights of attorney to another party, and are clear about what these powers are.
At Thoughtful Planning, our consultants are experienced Certificate Providers. We are happy to act in this capacity as part of your Estate Planning solution.