Making a lasting power of attorney (LPA) is one of the most thoughtful steps you can take to protect yourself and the people you love. But before your LPA can be registered with the Office of the Public Guardian (OPG), it must include a signed certificate from an independent person known as the certificate provider.
If you’re asking “who can be a certificate provider for an LPA?” or simply trying to work out who you can ask to fill this role, this guide covers everything you need to know, from the eligibility rules and the two categories of certificate provider, to who is disqualified and what to do if you’re struggling to find someone suitable.
What is a certificate provider for an LPA?
A certificate provider is an independent person who confirms, by signing the certificate section of your LPA form, that you understand what you’re signing and that nobody is pressuring you into creating the document.
Every LPA in England and Wales must have at least one certificate provider before it can be registered. The role is a legal safeguard introduced under the Mental Capacity Act 2005. Without a valid certificate, the OPG will not register your LPA, and your attorneys (the people you appoint to act on your behalf) will have no legal authority to do so.
What does a certificate provider do?
The certificate provider’s primary task is to speak with you, ideally in private and without your attorneys present, at or around the time you sign the LPA. During that conversation, they need to satisfy themselves that you understand the document and are acting freely.
Once satisfied, they sign the certificate included in the LPA form. Their signature provides the independent confirmation the OPG requires. This conversation is the essential part of the role, not simply the act of signing.
What does the certificate provider need to confirm?
By signing the certificate, the certificate provider confirms three key things:
- You understand the purpose and scope of the LPA, including the powers you’re granting your attorneys.
- No fraud, coercion, or undue pressure has been used to make you create the LPA.
- There is nothing else that would prevent the LPA from being created.
These points are rooted in the test of mental capacity under the Mental Capacity Act 2005. This is precisely why the certificate provider’s role matters: they provide an independent assurance that the LPA genuinely reflects your wishes.
Who can be a certificate provider?
To be eligible, a certificate provider must be:
- Aged 18 or over
- Either someone who has known you personally for at least two years, or a professional with the relevant skills to assess your mental capacity
For most people, finding someone who meets one of these criteria is entirely manageable. You can read more about how LPAs work in our What is a Lasting Power of Attorney guide.
The two categories of certificate provider
The OPG recognises two routes to qualifying as a certificate provider.
Category 1: someone who knows you well
This route applies to someone who has known you personally for at least two years. They don’t need any formal qualifications, but they must know you well enough to assess genuinely that you understand what you’re doing and are acting of your own free will.
Suitable examples include:
- A long-standing friend
- A trusted neighbour
- A colleague or former colleague
The two-year personal relationship must exist at the time the LPA is made. Someone who has only known you for a short time doesn’t qualify under this route.
Category 2: a skills-based professional
This route applies to professionals who have the knowledge and expertise to assess your capacity, even if they haven’t known you for two years. Eligible professionals include:
- A GP or other registered healthcare professional
- A solicitor or barrister
- A registered social worker
- An Independent Mental Capacity Advocate (IMCA)
A professional acting under this route must not have any other disqualifying connection to you or your attorneys. Many people favour this route because it adds a layer of professional scrutiny, which can be particularly reassuring if your capacity might ever be questioned later.
Who cannot be a certificate provider?
The following people are disqualified from acting as a certificate provider, regardless of how well they know you:
- Any attorney or replacement attorney named in the LPA
- Family members of the donor (that’s you) or of any attorney
- Your business partner or a paid employee of yours
- The owner, director, or an employee of a care home where you live, or a member of their family
- Anyone under 18
These exclusions exist to keep the safeguard genuinely independent. Allowing a family member or an attorney to sign the certificate would undermine the very protection the role is designed to offer.
Can a family member be a certificate provider?
No. A member of the donor’s family and a member of any attorney’s family are both disqualified from acting as certificate providers. This applies even if the family member knows you extremely well and has done so for many years.
If the people you know best happen to be family members, it’s worth considering these alternatives:
- A long-standing friend or neighbour
- Your GP or another registered healthcare professional
- A solicitor
We understand this can feel restrictive, particularly in close-knit families. But the rule exists to protect you, not to create unnecessary obstacles.
Can a solicitor be a certificate provider?
Yes. A solicitor can act as a certificate provider under the skills-based (Category 2) route, provided they are not named as an attorney in the LPA and have no other disqualifying connection.
Many people who instruct a solicitor to prepare their LPA also ask them to act as certificate provider. This is a common and practical arrangement, particularly where capacity might later be questioned, as a solicitor can document their assessment thoroughly and provide professional reassurance.
A fee may apply for this service. Our lasting power of attorney solicitors at Devonalds can explain what’s involved when you get in touch. You can also visit our powers of attorney pricing page for further information. For a broader overview, our lasting power of attorney FAQs page is a helpful starting point.
Certificate provider vs witness: what’s the difference?
These are two distinct roles and it’s important not to confuse them.
A witness confirms they saw the donor or an attorney sign the LPA. They’re verifying the signature, not assessing capacity or independence.
A certificate provider goes much further: they confirm you understand the LPA, you’re acting freely, and nothing prevents the document from being made.
On whether one person can do both: An Attorney cannot act as the certificate provider, but the certificate provider can usually also witness the donor’s and attorney’s signatures.
The exact signing order is set by the Office of the Public Guardian. Because the LPA process is being modernised under the Powers of Attorney Act 2023, we recommend checking the current OPG guidance for the precise requirements at the time you make your LPA.
What happens if you can’t find a certificate provider?
If you’re struggling to identify someone eligible, there are practical options:
- Instruct a solicitor, who can prepare your LPA and act as certificate provider in one joined-up process.
- Ask your GP or another registered healthcare professional, who can act under the skills-based route.
- Contact an independent mental capacity advocate, particularly if you have limited social support.
An LPA cannot be registered without a valid certificate provider, so this step must not be skipped. Speaking to a solicitor early in the process is the simplest way to make sure everything is in order.
Why the certificate provider matters
The certificate provider is the LPA’s built-in safeguard against abuse and exploitation. Their independent assessment helps protect donors who may be vulnerable to undue pressure, and it makes the LPA more robust if it’s ever challenged in the future.
The ongoing modernisation of the LPA system is changing how LPAs are made and registered in England and Wales. The established certificate-provider rules remain central to the process, and you should confirm the current position with your solicitor at the time of making your LPA.
How Devonalds Solicitors can help
Choosing a certificate provider, alongside everything else involved in making an LPA, can feel like a lot to navigate. At Devonalds, we guide you through every step, from choosing the right type of LPA to completing and registering the forms correctly.
Where appropriate, our solicitors can also act as certificate provider, giving you the reassurance that everything has been handled properly by a qualified professional. We work with clients across South Wales and are happy to discuss your situation at a time that suits you.
Frequently asked questions about LPA certificate providers
Can a family member be a certificate provider for an LPA?
No. Family members of the donor and family members of any attorney named in the LPA are both disqualified. This applies regardless of how long or how well they’ve known you. A long-standing friend, neighbour, your GP, or a solicitor are all suitable alternatives.
Can the same person be a certificate provider for both LPAs?
Yes. One certificate provider can act for both your property and financial affairs LPA and your health and welfare LPA, provided they are eligible and not disqualified from either. This is common when both LPAs are prepared at the same time.
Can the witness and certificate provider be the same person?
The certificate provider can usually also witness the donor’s and the attorney’s signatures on the LPA. However, an attorney cannot act as the certificate provider.
Does the certificate provider need to be present when the LPA is signed?
The certificate provider must discuss the LPA with the donor and sign the certificate after the donor has signed but before any attorney signs. Being present at the point of signing is the simplest way to meet this requirement. The discussion is the essential part of the role.
What if the certificate provider makes a mistake?
Errors on the certificate, such as a missing signature, an incorrect date, or signing out of order, can cause the OPG to reject the LPA. The form may then need to be corrected or re-done. This is one of the reasons many people choose a solicitor to oversee the process.
Does a certificate provider get paid?
A friend or neighbour acting under the knows-you-well (Category 1) route will typically do so without a fee. A professional acting under the skills-based (Category 2) route, such as a GP or solicitor, may charge for their time and for carrying out the capacity assessment.
Speak to Devonalds Solicitors today
If you’re making a lasting power of attorney and want guidance on finding a certificate provider, or if you’d like a solicitor to handle the whole process for you, our team is here to help. We offer clear, straightforward advice from offices across South Wales, in Bridgend, Caerphilly, Church Village, Tylorstown, Tonypandy, Talbot Green, Treorchy, and Pontypridd.
Call us on 01443 779050 or complete our contact form to get in touch. We’ll get back to you as soon as possible.