Have you been asked to be a certificate provider on a Lasting Power of Attorney?

Lasting Powers of Attorney (LPA) can be made to cover financial and health matters. It's common for parents to appoint their children to act and often families set these up themselves without legal advice.

A certificate provider is required to sign the documents to confirm the person making the appointment understands the purpose of the document, the scope of its authority, that no fraud or undue pressure is being used, and there are no other issues that would or should prevent the Lasting Power of Attorney being created.

The certificate provider does not need to have any specialist knowledge. If they aren't signing in a professional capacity, it can be anyone who has known the person for at least two years. This can be a friend, neighbour or colleague.

How much consideration must be given when acting in this role has been the topic of a recent case – TA v the Public Guardian (2023 EWCOP 63).

The party defending the LPA argued it was sufficient simply for the certificate to have been provided and no further examination of the facts were necessary.

This argument was lost in the first instance, and then again at appeal, confirming that the role of the certificate provider is an important safeguarding measure. Consideration must be given by the certificate provider to the points mentioned above. The mere provision of the certificate isn’t sufficient on its own.

The Trusts and Estates team can help out with any questions you may have on Lasting Powers of Attorney. We'd always recommend getting professional advice, even if you're submitting forms yourself.