LPAs: Who can be my Certificate Provider and what is their role?
Getting a Lasting Power of Attorney (LPA) in place for your Health & Welfare and your Property & Financial affairs is SO important and can be a relatively stress-free and quick process but you will need a Certificate Provider…
So, what is a Certificate Provider, what do they do and why are they needed?
Well, in order to register your LPA you will need a Certificate Provider to sign the LPA application to certify that you have the capacity to make the application and that you understand the extent of the power that you are giving to your appointed Attorney, or Attorneys.
In order to do this, the Certificate must have knowledge of the TWO-STAGE TEST FOR MENTAL CAPACITY and make a judgement as to whether you (the person applying for the LPA) can understand the information that is relevant to making the decisions within the LPA, whether they are able to retain that information and weigh up the information in order to make a decision and communicate that decision.The Certificate Provider must also be aware of the FIVE PRINCIPLES OF CAPACITY:
You are assumed to have capacity UNLESS it can be established that you do not.
You are to be treated as though you can make decisions UNLESS all practicable steps have been taken to help you make a decision and all have been unsuccessful.
Just because you make an unwise decision it does NOT mean that you lack capacity.
Any decision taken MUST be done or made in your BEST INTERESTS.
PRIOR TO ANY DECISION, consideration must be given to whether it is effectively achieves the purpose in the least restrictive way to your rights and freedoms.
So, who can be a Certificate Provider?
A Certificate Provider must be either:
A PROFESSIONAL CERTIFICATE PROVIDER can be someone over the age of 18 that has the necessary knowledge and experience, because of the skill and profession, to make a judgment as to your capacity.
Frequently used Professional Certificate Providers include, US here at TLC, Solicitors, Estate Planners, Legal Professionals, GPs, Medical Professionals and Social Workers.
A PERSONAL CERTIFICATE PROVIDER can be someone that is over the age of 18 and has known you for at least two years prior to the date on which you apply to register your LPA.
This person will need to be someone that can have a full and frank discussion with you about your capacity and your understanding of the LPA and the consequences of registering such a document.
Who CANNOT be your Certificate Provider?
Your Certificate Provider cannot be under the age of 18.
Your Certificate Provider cannot be one of the people that you have appointed as your Attorney in the LPA you are applying for.
Your Certificate Provider cannot be one of the people that you have appointed as a replacement Attorney in the LPA you are applying for.
Your Certificate Provider cannot be one of your family members (this includes your boyfriend/girlfriend, partner, in-laws and step-relatives).
Your Certificate Provider cannot be a family member of the appointed Attorneys (this includes their boyfriend/girlfriend, partner, in-laws and step-relatives).
Your Certificate Provider cannot be your Business Partner.
Your Certificate Provider cannot be your appointed Attorneys’ Business Partner.
Your Certificate Provider cannot be your employee.
Your Certificate Provider cannot be an employee of your appointed Attorneys.
Your Certificate Provider cannot be someone that works for a Trust Corporation that is appointed as your Attorney.
Your Certificate Provider cannot work for the Care Home where you live (if you reside in a Care Home), or a family member of someone working for the Care Home. This includes the owner, manager, directors, staff and employees.
Once the above has been satisfied, the Certificate provider will sign and date the LPA application and confirm that you understand the LPA, its purpose and consequences, that you are under no undue pressure or influence to sign the LPA, that no act of fraud is being committed and that there is nothing that would prevent that LPA from being registered by the Office of the Public Guardian.
If you have any questions please do not hesitate to get in touch for a FREE consultation.
If you would like a FREE chat to discuss your options, get in touch on info@TotalLegacyCare.co.uk or 01727 865 121
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