Creating a Lasting Power of Attorney (LPA) is a significant step in planning for the future, allowing someone you trust to make decisions on your behalf should you become unable to do so yourself. An essential part of this process involves a role known as a certificate provider. Their role is pivotal in ensuring the LPA is valid and reflects the true intentions of the person making it (the donor). In this blog, our Lasting Power of Attorney Solicitors in Preston will delve into what a certificate provider is, their responsibilities, and why they are crucial in the LPA process.
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What is a Certificate Provider?
A certificate provider is an impartial individual who plays a key role in the creation of an LPA. They are tasked with certifying that the donor understands the significance of the LPA and is making it without any undue pressure or fraud. This certification process is designed to protect the donor and ensure that the LPA is a true reflection of their wishes regarding who should make decisions on their behalf.
Responsibilities of a Certificate Provider
The responsibilities of a certificate provider include:
Confirming the Donor’s Understanding:
The certificate provider must ensure that the donor fully understands the scope and implications of the LPA, including the powers being granted to the attorney(s) and when these powers can be used.
Assessing Voluntariness:
They must confirm that the donor is making the LPA of their own free will, without any coercion or undue influence from others.
Evaluating Mental Capacity:
At the time of making the LPA, the donor must have the mental capacity to do so. The certificate provider assesses the donor’s ability to make this decision, ensuring they can comprehend and appreciate the consequences of setting up an LPA. The capacity to make an LPA can vary, as some people can proceed with no issues, however, some people, such as those diagnosed with a capacity-impacting condition such as Alzheimer’s or dementia, may find it more difficult to understand the documents, and therefore require more time and explanation than others.
Who Can be a Certificate Provider?
Not just anyone can serve as a certificate provider. The individual must be someone the donor trusts and, crucially, must possess the necessary expertise or knowledge to make an informed judgment about the donor’s understanding and intentions. There are two main categories of people who can act as certificate providers:
Someone with Relevant Professional Skills:
This can include a solicitor, a doctor, or another professional who is capable of making judgments about the donor’s mental capacity and understanding. When you instruct our team to help you make Lasting Powers of Attorney, our Lasting Power of Attorney Solicitors in Preston have the relevant professional skills to act as your Certificate Provider at no additional cost.
Someone who has Known the Donor Personally for at Least Two Years:
This could be a friend or colleague, but importantly, it should not be a family member or anyone who might have a financial interest in the LPA. Indeed, this option can come with its own issues, as often someone who signs in this capacity may not always understand what they are actually signing, and the statements they are deemed to be making when acting in this role.
Why Certificate Providers are Important
The role of the certificate provider is fundamental to the integrity of the LPA process for several reasons:
Preventing Abuse: By ensuring the donor is acting voluntarily and with a clear understanding, certificate providers play a critical role in preventing the abuse of the LPA system.
Legal Validity: Their certification is a legal requirement for the LPA to be valid. Without it, the document cannot be registered or used.
Protection of the Donor’s Interests: By assessing the donor’s understanding and voluntariness, certificate providers help to protect the donor’s interests, ensuring that their wishes are respected.
The certificate provider’s role is a safeguard built into the LPA process, designed to protect individuals at a potentially vulnerable time in their lives. By ensuring that an LPA is made with a full understanding and without undue pressure, certificate providers help maintain the integrity of this important legal tool. If you’re considering setting up an LPA, choosing the right certificate provider is a crucial step in ensuring that your future is in safe hands. Choose MG Legal’s Lasting Power of Attorney solicitors in Preston to assist with your LPAs, to ensure a smooth, easy to follow process, with a solicitor who can act as your certificate provider due to the years of expertise and understanding of the role that they hold.
Call 01772 783314 or email enquiries@mglegal.co.uk, or even complete the contact us form here, to discuss making Lasting Powers of Attorney for you or your loved one.
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