Upgrade to ChromeUpgrade to FirefoxUpgrade to Internet ExplorerUpgrade to Safari

Lasting Powers of Attorney: The Certificate Provider

Download this guide

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:

  • Understands its purpose and the scope of the authority it gives to the attorney;
  • No fraud or undue pressure is being used to induce the person to make the power; and
  • There is nothing else that would prevent the lasting power of attorney from being created.

The choice of a suitable certificate provider is a personal and important decision.

There are two types of certificate provider:

  • A knowledge-based certificate provider who is someone who knows the person making the power personally for the previous two years or
  • A skill-based certificate provider who has relevant professional skills and expertise, for example,

A registered health care professional, such as a

General Practitioner;

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:

  • Under 18 years of age
  • A member of the either the donor or his attorney’s family;
  • A business partner or paid employee of the donor or attorney(s);
  • An attorney appointed in the proposed or another lasting power of attorney or any enduring power of attorney made by the donor;
  • The owner, director, manager or an employee of a care home in which the donor lives (including care homes with nursing homes) or their family members or partner

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:

  • Understand what is involved in making a lasting power and its effect;
  • Has the skills to assess the donor’s understanding of the power and its consequences;
  • They can verify that the donor is not acting under the undue pressure of another person, or there are any other reasons that the power should not be created;
  • Have detailed knowledge of the donor’s financial and personal situation, to be satisfied that there is no fraud involved in the making of the power.

Click here for more information on Wills or contact Jenny Pierce

Get in Touch

Request a call back

If you’d prefer us to call you back, just use the form below to give us your number and the best time to call. It would also be useful if you could give us some idea of what you’d like to discuss.



Wards Solicitors LLP are working and available for existing cases as well as for new business and new clients.  Our eleven branches remain closed to the public but our lawyers are still working away to ensure that we continue to provide excellent client service. While we are currently unable to offer face to face client meetings, this is under regular review.  Our prime concern is the safety of our clients and our staff.

For enquiries:

  • Please email or telephone your usual lawyer or team; or
  • Please telephone the branch most convenient to you between 9am and 5:30pm, or email info@wards.uk.com at any time. Emails to this address are being regularly monitored and forwarded to the correct person and we will respond to you as soon as possible.

It may take a little longer than usual for our phones to be answered so please bear with us.

We look forward to hearing from you.

Thank you.

Wards Solicitors LLP