Certificate Provider - what is it and can you be one?

The Certificate Provider must ensure that the person who wishes to make the LPA is mentally capable of
making that LPA and that there is no pressure on them to make one.
The Donor must understand and be able to retain the necessary information in order to be deemed
mentally capable within the guidelines of the Mental Capacity Act 2005
If the Certificate Provider is happy that this is the case then the certificate can be signed.
If the Certificate Provider wishes to seek advice on their role they can speak to the solicitor preparing the
LPA, as long as the solicitor (or anyone in that firm) is not named as an Attorney. If this is the case the
Certificate Provider will need to seek independent legal advice.
Who can be a Certificate Provider?
There are two types of Certificate Provider. A knowledge based provider, which is someone who has
known the Donor personally for over two years, or a skills based provider who has the relevant
professional skills and expertise to enable them to make a judgement about mental capacity.
For a skills based provider the acceptable categories are:
 A registered healthcare professional
 A solicitor, barrister or advocate
 A registered social worker
 An Independent Mental Capacity Advocate (IMCA) or
 Someone not from the above list that can show what their relevant professional skills and
expertise in determining mental capacity are
Skills based providers are entitled to charge a fee for providing the certificate.
Who cannot be a Certificate Provider?
You cannot be a certificate provider if:
 You are a member of the Donor’s or one of the Attorney’s families
 You are a business partner or employed in the same firm as the Donor or an Attorney
 An Attorney in any LPA or old Enduring Power of Attorney made by the same Donor
 The owner, director, manager, or an employee of a care home in which the donor or a family
member lives
Duties of the Certificate Provider
As the Certificate Provider your involvement ends once you have provided the certificate.
The role of Certificate Provider is a serious and involved task and should not be undertaken lightly.
If there are any doubts about whether you feel confident to provide the certificate then you should seek
extra advice.


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©2019 Tom Evans