What does an LPA certificate provider do?
The certificate is a safeguard for the person making the LPA, known as the donor. It is not just proof that someone watched a signature. Before signing section 10, the provider must satisfy themselves that you understand the LPA’s significance, that there is no fraud or pressure and that there is no other reason for concern.
They should speak with you privately where possible, without your proposed attorneys or other people answering for you. The conversation should establish your own understanding and wishes. A provider who has concerns should not sign simply because relatives say the paperwork is urgent.
Who can be a certificate provider?
The person must be 18 or over and qualify through one of these routes:
- Knowing you personally: a suitable friend, neighbour or colleague who has known you well for at least two years. Being a recent acquaintance is insufficient.
- Relevant professional skills: for example, a registered healthcare professional, solicitor, registered social worker or independent mental capacity advocate with the expertise to make the required assessment. The two-year personal relationship is not required for this route.
Professional status alone does not remove the need to be impartial or to make the actual checks. If eligibility is uncertain, ask the Office of the Public Guardian (OPG) before arranging signatures.
Who cannot be your certificate provider?
Check relationships with both you and your attorneys. OPG guidance excludes:
- Your attorney or replacement attorney, including one appointed under another LPA or an existing enduring power of attorney.
- Your family or an attorney’s family, including in-laws and step-relatives.
- Your unmarried partner, boyfriend or girlfriend, or an attorney’s partner.
- Your business partner or an attorney’s business partner.
- Your employee or an attorney’s employee.
- An owner, manager, director or employee of the care home where you live, or their family.
- Anyone running or working for a trust corporation appointed as your financial attorney.
For example, a neighbour you have known well for several years may qualify, but not if that neighbour is also your chosen attorney. Your daughter cannot qualify just because she is a healthcare professional.
Certificate provider or witness: what is the difference?
| Role | Purpose |
|---|---|
| Certificate provider | Checks your understanding and freedom to make the LPA, then completes section 10. |
| Witness | Watches the relevant person sign and completes the witness details. |
| Attorney | Accepts appointment to act within the registered LPA’s authority. |
A suitable certificate provider can also witness your signature and attorneys’ signatures. An attorney cannot witness the donor’s signature or act as certificate provider. These separate eligibility rules must still be followed even if one person carries out more than one permitted role.
When should the certificate provider sign?
For the paper LPA forms, the donor signs first, with the appropriate witnessing. The certificate provider signs after the donor and before the attorneys and replacement attorneys. They can sign on the same day as the donor or as soon as possible afterwards.
Everyone must sign the same original document; do not circulate separate copies for signatures or substitute digital signatures. Follow the current form guidance for all sections, dates and witnesses.
Common questions before you ask someone
Does it have to be my GP?
No. An eligible person who knows you well may qualify without being a professional. A professional may charge, so agree availability and any fee in advance.
What if there are concerns about capacity?
A diagnosis alone does not decide whether someone can make an LPA. Capacity relates to the particular decision at the relevant time. Seek appropriate advice rather than relying on a signature to resolve uncertainty. Our LPA and dementia guide explains the importance of timing.
What if section 10 needs correcting?
Contact your adviser or the OPG before replacing pages. OPG guidance says that a replacement section 10 must be completed by the same certificate provider who signed the original.
Can Xwills help with the paperwork?
We explain signing requirements and check completed documents before clients send the originals directly to the OPG. Consultations can take place by telephone or an agreed video call. See our LPA preparation service and published fees; confirm any separate certificate-provider arrangements before proceeding.
Tell us what you want to achieve
You do not need to know the name of the legal document or trust before speaking to us. Explain the family, property or planning issue and we can discuss the relevant options.
Have a question before booking? Send us a short message and we’ll respond personally.