Can this person be my certificate provider?
The short answer
Are they aged 18 or over?
Have you known them personally for at least two years?
Knowing them as a friend, neighbour or colleague counts. A passing acquaintance does not.
Are they a professional with the skills to judge capacity (GP, solicitor, social worker)?
This is the alternative route if you have not known them for two years.
Are they one of the attorneys on this LPA?
Are they a replacement attorney on this LPA?
Are they your family member?
Including spouse, civil partner, child, parent, sibling, grandchild and in-laws.
Are they a family member of any attorney on this LPA?
Are they your business partner, or an employee of yours or of an attorney?
Do they own, manage or work in a care home where you live?
Can they speak to you privately before you sign, without the attorneys present?
Result
Answer the questions above to see whether this person can sign your certificate.
Who is barred, in full
| Barred | Why |
|---|---|
| Attorneys and replacement attorneys on this LPA | They benefit from the power being granted |
| Your family, including in-laws and step-relatives | Not independent of you |
| Family of any attorney | Not independent of the attorney |
| Business partners or employees of you or an attorney | Financial connection |
| Owner, manager or employee of a care home where you live, and their family | Obvious conflict of interest |
What they are actually signing
The certificate at section 10 of the LPA confirms three things: that you understand what the LPA does and the power you are giving away, that nobody has pressured you into making it, and that there is nothing else that would make the LPA invalid. It is the single most important safeguard in the whole document, which is why the eligibility rules are strict.
They should have a short conversation with you on your own first, then sign after you have signed and before your attorneys do — see the signing order checker.
Common questions
Do I need two certificate providers?
No. One is enough for each LPA, and the same eligible person can sign the certificate on both your Property & Financial Affairs LPA and your Health & Welfare LPA.
Does my GP have to do it?
No, and there is no need to involve a GP where you have a long-standing friend or neighbour who qualifies on the two-year rule. GPs frequently charge and are not obliged to help.
Can my spouse's friend do it?
Yes, provided they are not your family, not an attorney's family, and they meet the two-year or professional test in relation to you.
Sources: GOV.UK — certificate providers and Schedule 1 to the Mental Capacity Act 2005.
We tell you exactly who can sign, as you go
Complete your LPA online for £49 per LPA. We check your certificate provider against every rule above before you print anything.
The Office of the Public Guardian charges a separate £82 to register each LPA.