A lasting power of attorney, or LPA, is an important document that protects the donor if they lose capacity. By nominating a trusted relative or friend to make decisions on their behalf, relating to finances and property and/or health or welfare, they can ensure their wishes are listened to and a trusted person is making decisions with which they are comfortable.
It needs to be established that the person requesting the document is willingly doing so with full understanding of the implications and the scope of the LPA. It is also important to ascertain that they are not being forced or coerced into signing the document by someone who may not have their best interests at heart. This is where an LPA certificate provider comes in.
What is the role of an LPA certificate provider?
The certificate provider will, in accordance with the Mental Capacity Act 2005, have a conversation with the donor about signing the LPA, the person they have nominated, and whether there is any reason it wouldn’t be a good idea for the document to be signed. GOV.UK has more information about the process.
Who should be part of this conversation?
Only the donor and the certificate provider are involved in this conversation to ensure there is no third-party influence. Once the certificate provider is satisfied that the donor fully understands the implications of signing the LPA and has confirmed that no one has put them under pressure to do so, a solicitor can prepare the LPA for registration with the Office of the Public Guardian. The LPA can be prepared by a solicitor in person; alternatively, it is possible to prepare a power of attorney online; for example, you can visit Power of Attorney Online for help with this.
Who can perform this role?
A certificate provider should be unrelated to the donor. This may be a solicitor, a doctor, a social worker, or another professional. They must have known the donor for at least two years, and they must be over the age of 18.