As an important safeguard against abuse, one of the requirements to validly make a Lasting Power of Attorney is for the document to be signed by an independent person who can confirm that the person (‘the donor’) making the power:
The choice of a suitable certificate provider is a personal and important decision.
There are two types of certificate provider:
A registered health care professional, such as a
A registered social worker;
A barrister, solicitor or advocate;
An Independent Mental Capacity Advocate; Someone who considers they have the relevant professional skills and expertise to be a certificate provider.
A certificate provider cannot be:
The advantage of having a knowledge based certificate provider is that they are unlikely to charge you for this. However, if challenged, they could be called to the Court of Protection to justify their opinion. They would need to show to the Court that they know how to assess capacity under the Mental Capacity Act 2005.
If the challenge were successful, the LPA would not be valid. A skills based certificate provider would usually charge, but would be expected to have higher skills and expertise than the knowledge based adviser.
Whoever the donor chooses, he should be sure that the person would be able to demonstrate the following:
Wards Solicitors remains open for business and we are taking on new cases. We are available for video call and telephone meetings but cannot currently offer face to face meetings with clients except in some specific emergency situations and at court hearings.
How to get in touch:
A list of our 12 branches is available here. Our telephones lines are operating as normal behind closed doors.
Important Warning: Cyber-crime is very common including email interception. We will never tell you of changes to our bank details by email. Please be aware that we accept no responsibility if you transfer money to a bank account which is not ours. If you receive an email giving our bank account details, please telephone us immediately without replying to the email or sending money.