What is a certificate provider?
Guidance from Estate Advisory Group
An independent person who signs to confirm that the donor understands what the LPA does and is making it freely. Without a valid certificate provider, the LPA cannot be registered.
What they are confirming
By signing section 10, the certificate provider states that in their opinion:
- the donor understands the purpose of the LPA and the powers it gives the attorneys;
- nobody has used fraud or pressure to make the donor create it; and
- there is nothing else that would stop the LPA being valid.
They must discuss the LPA with the donor, and at least part of that conversation must happen with the donor alone — not with the attorneys in the room. They sign after the donor has signed and before any attorney signs.
Who can do it
Either:
- Someone who has known the donor personally for at least two years — a friend, neighbour or colleague. Knowing them well enough to have a real conversation is the point.
- Someone with relevant professional skills — a GP, a solicitor, a registered social worker, a psychiatrist, or an independent mental capacity advocate. Professionals normally charge for this.
Who cannot do it
- Any attorney or replacement attorney named in this LPA
- A member of the donor's family, or a member of an attorney's family
- A business partner or paid employee of the donor or of an attorney
- Anyone related to the donor or an attorney by birth, marriage or civil partnership
- An owner, director, manager or employee of a care home where the donor lives
The most common mistake
Using a relative. A cousin, an in-law or a sibling's spouse all count as family and invalidate the certificate — and because this comes to light at registration, everyone has to sign again. Our wizard runs an eligibility check on the certificate provider before you get anywhere near printing, and stops you if the person you have chosen is prohibited.
Practical tips
- Ask them before you finish the form — you need their full name and address.
- Send them a copy of the completed LPA in advance so they can read the powers they are certifying.
- Build in time for the private conversation with the donor. A rushed certificate is the part most likely to be challenged later.
Attorney eligibility follows different rules — see who can be an attorney.
Ready to make yours?
Answer five quick questions to see whether our service suits you. No account and no payment needed.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group