When making an LPA, whether it’s financial or health, it needs to be signed by a certificate provider. This is someone independent who can certify that you are not being coerced and that you are making it of your own free will.

Why Do I Need a Certificate Provider?

The newer LPA system, which replaced Enduring Power of Attorney, requires anyone making an LPA to have it signed by somebody independent.

Who Can Act as a Certificate Provider?

You can ask someone you know personally who is not related to you. They must be over 18, and you must have known them for at least two years.

Or you can ask a professional such as a solicitor or GP. If you would like to use a professional for your UK power of attorney you can find out more about UK Power of Attorney here.

You cannot use someone who is a relative of either yourself or the attorney, and this includes partners. Your attorney or replacement attorney is also not allowed to act as certificate provider. Other people you cannot ask are any business partners of either the donor or attorney or the manager, owner or employee of a care home where you are resident. This is because there could be a conflict of interest, and they are not completely independent. The system is set up to protect the donor at all times.

Section 10

There are a minimum of five signatures required on an LPA before it is sent to be registered. The certificate provider is the second signatory and fills out section 10 before signing it. They should not sign this section until the donor has signed section 9.

Are They the Same as a Witness?

An LPA is witnessed by someone who is just there to witness your signature, whereas a certificate provider is certifying that you are not under duress, that you understand what you are signing and allowing your attorney to do, and that you have the mental capacity to do this.

Related: How Do You Update Your LPA?