Wills in England and Wales are governed by the Wills Act of 1837 but Lasting Powers of Attorney are a much more recent addition, having started in 2007 in response to the Mental Capacity Act 2005. Therefore, LPAs have much less arcane language than Wills but there are still terms in them which can confuse people. One such term is that of ‘Certificate Provider’.
To make a Lasting Power of Attorney a legal document you need the signatures and details of 3 people:
- The Donor
- The Attorney
- The Certificate Provider
The Certificate Provider acts as an independent third party who can verify the mental capacity of the donor – it is an important safeguarding role.
Who can be a Certificate Provider? Someone who is over 18, can act independently and does not fall into any of the ‘restricted’ categories. They must also either be:
- Anyone who has known the Donor for at least 2 years before the date of signing such as a friend, neighbour, colleague or former colleague.
- Anyone who due to their personal training believes they can make a judgement as to the capacity of the Donor such as a medical professional, social worker or Will writer.
What are the exceptions? There are many exceptions such as: anyone who is an attorney or replacement attorney, an unmarried partner, boyfriend or girlfriend of the Donor or their Attorneys, a Business Partner of the Donor or Attorney, a Employee of the Donor or Attorney. (For a full list you can look at the Society of Will Writers website)
As a registered and qualified Will Writer as well as holding a lLaw degree I am fully qualified to act as Certificate Provider for my clients, able to assess capacity and complete all the documentation. If you want to talk about your Lasting Power of Attorney contact me for a no obligation conversation.