Choosing a certificate provider
When choosing someone to be your certificate provider, keep in mind that they must be able to confirm your understanding of the LPA you are making and the implications of making it. They must also confirm that you are doing so voluntarily without pressure or force from anyone else.
To be a certificate provider, a person must:
- Be aged 18 or over
- Not be related to you or your attorneys or replacement attorneys
- Not be one of your attorneys or replacement attorneys
- Not be an employee of yours or your attorneys or replacement attorneys
In addition to this, your certificate provider must either be a close friend, colleague or neighbour who has known you well for at least two years, or a suitable professional.
A certificate provider who knows you personally will ideally be familiar with your personal circumstances. This can provide additional context when confirming your understanding of making an LPA and your intentions. There is unlikely to be any cost involved with naming a personal certificate provider. You may also feel more at ease with naming someone you know well, and comfortable explaining your reasons for making an LPA.
What is a professional certificate provider?
There are many reasons why someone may instead choose to name a professional as their certificate provider. A suitable professional could be either your GP, a social worker, a mental capacity assessor, or a lawyer specialising in LPAs and mental capacity matters.
Due to the nature of their work, a professional will have the skills and expertise to evaluate your mental capacity to make an LPA. A professional will also be able to explain the process to you in detail if you have any questions.
An assessment by a professional is likely to involve a fee. However, your LPA is less likely to be challenged if questions are raised regarding your suitability to make an LPA.
Ultimately, the choice is yours and will depend on your own circumstances. If you or anyone close to you has any doubts about your suitability to make an LPA, we recommend that you name a professional certificate provider in your LPA to give you extra peace of mind.