LPA Kent

The certificate provider is an impartial person who helps protect the donor’s interests by checking that the donor understands the LPA and is making it of their own free will.

The certificate provider's role

The certificate provider must discuss the LPA with the donor. It’s a good idea for this discussion to happen in private, without the attorneys or anyone else present.

The certificate provider signs the LPA to certify that they have discussed the LPA with the donor and that:

       ·        the donor understands the significance of their LPA

·        no one is putting the donor under pressure to make the LPA

·        there has been no fraud involved in making the LPA

·        there is no other reason for concern

·        The donor must sign the LPA before the certificate provider. The certificate provider can witness the donor’s signature.

 Who can be a certificate provider

The certificate provider must be 18 years old or over and have mental capacity.

They can be either:

·        someone who has known the donor personally for at least 2 years, such as a friend or neighbour (but not a relative)

·        someone with relevant professional skills

Someone who has known the donor well for at least 2 years

This could be one of the donor’s friends or neighbours, someone they know at a social or sports club, a work colleague, or similar.

The certificate provider must be more than an acquaintance. They must know the donor well enough to have an honest conversation with them about the LPA and the power the donor is giving to their attorneys.

'People to notify' can be certificate providers.

Someone with relevant professional skills

This could be one of the following:

·        a registered healthcare professional, such as the donor’s GP

·        a solicitor, barrister or business advisor

·        a registered social worker

·        a professional  LPA advisor

Other professionals may have skills that allow them to judge whether the donor can make an LPA. Contact the Office of the Public Guardian if you’re not sure about the donor’s choice of certificate provider. 

Who cannot be the certificate provider?

The certificate provider cannot be:

·        any attorney or replacement attorney for this or any other LPA or enduring power of attorney that the donor has made

·        a member of the donor’s family or of any of the attorneys' families – including husbands, wives, civil partners, in-laws and step-relations

·        an unmarried partner, boyfriend or girlfriend of the donor or any of the attorneys

·        the donor’s business partner or any attorney’s business partner

·        the donor’s employee or any attorney’s employee

·        anyone running or working for a care home where the donor lives, or a member of their family

·        anyone running or working for a trust corporation appointed as an attorney in this LPA

·        the donor

·        any other person the Court of Protection may consider is not sufficiently independent

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