When setting up a lasting power of attorney, or LPA, an essential step is choosing a certificate provider. This person has an important responsibility: they must confirm to the Court of Protection that you understand what the LPA means, have the mental capacity to put one in place, and are acting of your own free will. Due to the significance of this role, the certificate provider must be independent, with no conflict of interest.
An application for a UK power of attorney has traditionally been made by submitting paper forms; today, applications are increasingly being made online using service providers such as //powerofattorneyonline.co.uk. Whichever method you use, the requirement for a certificate provider remains crucial to the process.
Broadly, there are two categories of certificate providers: lay people and professionals. Your choice is likely to depend on the complexity of your case.
Lay people
If you go down this route, you must choose someone who has known you well for at least two years, such as a close friend, neighbour, or colleague. They cannot be a family member, one of the attorneys appointed in the LPA, or connected to a care home in which you live.
Professionals
Alternatively, you may use a professional, such as a solicitor, doctor, social worker, or independent mental capacity advocate. A professional may be preferable when impartiality or medical capacity assessments are important, and it avoids sharing personal details with friends.
The certificate provider signs section 10 of the LPA form after you but before the attorneys, helping ensure the document is legally valid.