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
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