Making a Lasting Power of Attorney? Don’t let choosing the wrong certificate provider jeopardise yours
The importance of using a solicitor to make sure your Lasting Power of Attorney is safe, effective and legally valid has been highlighted by a recent and alarming Court of Protection case.
The Court cancelled six Lasting Powers of Attorney (LPAs) and is reviewing a further 24 because the certificate provider, a self-employed will writer and member of the Society of Will Writers, was in fact a convicted fraudster without the professional skills and competence to adequately carry out this important role.
Choosing a trusted, impartial certificate provider when making an LPA – either someone known to you or a suitably qualified professional – is vital to help safeguard against fraud, coercion and to make sure you fully understand the scope and purpose of these powerful documents.
This shocking case shows what can go wrong when the certificate provider is not up to the role.
Why is the certificate provider so important in the LPA process?
There are two types of LPA. One for property and financial affairs and one which covers health and welfare decisions and can include end of life care. You can have one or both.
For an LPA to be valid, the person making it, known as the donor, must fully understand the implications of the arrangement at the time. They must also have the necessary mental capacity to sign the documents.
This is where the certificate provider comes in – to verify that the donor meets the criteria to make an LPA, understands what it means and is not being forced or pressured into signing it.
The certificate provider must have known you for at least two years or be a professional person like a doctor, social worker or solicitor with the skills base needed. Your partner or other family members cannot be the certificate provider.
What is the background to this LPA certificate provider case?
The alarm was first raised by a county court judge who was so concerned that Robert Cornford was acting as a will writer and certificate provider on a professional basis that he reported him directly to the Court of Protection.
As a result, the Office of the Public Guardian investigated and found several people had chosen Mr Cornford to act as their ‘professional’ certificate provider – one had met him on a market stall.
Formerly known as Robert Pannell, it turned out he had been convicted of fraud in 2013, sentenced to five years in prison and disqualified as a director for seven years.
He went on to change his name and set up My Trusted Wills and Estate Planning LLP including preparing LPAs and acting as a certificate provider.
Despite his criminal conviction, between June 2020 and January 2023 he was accepted as a member of the Society of Will Writers which did not check whether his conviction was ‘spent’. The LPAs under scrutiny were all signed during this time.
What did the judge decide in this LPA certificate provider case?
Cancelling six LPAs and ordering a review of another 24, Judge Hilder said that Mr Cornford’s criminal conviction was ‘simply incompatible with acting in the role intended to provide some safeguard in respect of the serious matters involved’.
In addition, Mr Cornford had a total of just 33.5 hours of basic estate planning training to his name and had also failed to follow the strict protocols and order for signing and dating the LPAs which made them legally invalid as a result.
Clearly unimpressed, Judge Hilder commented: “In my judgment, Robert Cornford could not reasonably have considered himself competent to make the judgments required of a certificate provider.”
She also criticised the Society of Will Writers for not adequately checking Mr Cornford’s background and criminal conviction before allowing him to become a member.
Get in touch
An LPA if properly drawn up by a specialist solicitor is a positive and effective tool which ensures your wishes are respected should be you ever lose mental capacity and are unable to manage your own affairs.
Wards Solicitors’ Personal Tax, Trusts and Probate team is recommended in the 2027 edition of the independent Legal 500 guide of outstanding legal professionals.
Our specialist and highly experienced Wills and Mental Capacity Team can advise you on making a Lasting Power of Attorney, ensure it is drawn up, witnessed and signed correctly and act as the certificate provider if appropriate.
We offer a free initial appointment, can meet you in one of our offices or come to your home. Please don’t hesitate to get in touch with any member of the team.
Posted by: Rebecca Tribble