Lasting Power of Attorney Certificate Provider Service
Do you require a professional to certify mental capacity for a Lasting Power of Attorney?
If you’re in the process of creating a Lasting Power of Attorney (LPA) for yourself or a client, you may have noticed that section 10 requires the signature of at least 1 certificate provider (2 in certain circumstances). The role of the certificate provider is to certify that the donor understood the purpose of the Lasting Power of Attorney and the scope of the authority conferred under it when they signed it. Also, the certificate provider confirms that no fraud or undue pressure was used to induce the donor to create the Lasting Power of Attorney and there is nothing else which would prevent the Lasting Power of Attorney from being created. The certificate provider can either be someone who has been chosen by, and has known the donor for at least 2 years or has been chosen by the donor as someone with relevant skills and expertise to act as a certificate provider.
Although a certificate provider’s declaration is sufficient to register the Lasting Power of Attorney, in some circumstances it is decided that a mental capacity assessment is also required to demonstrate that the person had capacity when they appointed their attorney. This can be particularly useful if, after the LPA has been registered, someone calls into question whether the person did actually have capacity to appoint an attorney. Not only will there be a professional declaration, there will also be evidence that the person had capacity at the time the decision to appoint an attorney was made.
I have the relevant skills and expertise to be instructed as a certificate provider for your Lasting Power of Attorney and to complete a mental capacity assessment for a LPA, please get in touch with me if you would like to instruct me as certificate provider for a Lasting Power of Attorney or if you would like to instruct me to complete a mental capacity assessment for any other reason.