Our experienced and registered Mental Capacity Assessors can act as a Certificate Provider for Lasting Powers of Attorney. A Certificate Provider is an impartial person who signs the Lasting Power of Attorney form to confirm that you understand what you are signing, and that no undue pressure has been placed on you to enter into the agreement.
Case Studies
Assessor very friendly and efficient, they put me at ease very quickly with their attitude. They explained everything very concisely, and clearly. It was a pleasure to meet the Assessor. I would highly recommend Thornton & Lee, the service was first class.
Mr L, Norfolk
All aspects of my test for LPA were very good. I would recommend Thornton & Lee to my friends and family
Mr D, Huntington
Professional and gracious. Also completed within a decent time frame. In the hard situation that we are in, Thornton & Lee were compassionate and made my dad feel at ease.
Miss M, Cornwall
I cannot thank our assessor enough for her caring, patient, supportive, and professional assessment she provided for my mum. She made myself, my mum, and my sister feel at ease and enabled my mum to express her wishes. Fabulous service, 100% recommend.Ms JR, Nottingham
Certificate Provider for Lasting Power of Attorney
A Certificate Provider plays a crucial role in the creation of an LPA. Acting as an impartial and independent party, they confirm that the individual making the LPA (the donor):
- Understands the purpose and scope of the document
- Has the mental capacity to make this decision
- Is acting of their own free will, without pressure, influence, or fraud
They must also ensure that there are no other concerns that could invalidate the LPA.
Key Responsibilities of a Certificate Provider
The Certificate Provider’s primary duties include:
- Confirming that the donor fully understands the powers they are granting to their chosen attorney(s), and the role and purpose of the LPA.
- Ensuring the donor is not being coerced, misled, or placed under any undue pressure to enter into the agreement or to appoint attorneys against their wishes.
Who Cannot be a Certificate Provider?
Certain individuals are ineligible to act due to potential conflicts of interest. These include:
- Family members (including extended family) of the donor
- The donor’s business partner, director, or employee
- Any attorneys from the current or previous LPAs
- If the donor resides in a care home: the owner, directors, employees, or their family members
- Any person associated with a trust corporation appointed as an attorney for the donor
These restrictions exist to prevent conflicts of interest that could undermine the donor’s independence.
Who Can Act as a Certificate Provider?
A Certificate Provider must be either:
- Someone who has known the donor personally for at least two years, or
- A professional, such as:
- A registered health professional
- A registered social worker
- A solicitor or lawyer
- An Independent Mental Capacity Advocate (IMCA)
They must ensure that the donor is acting freely, understands the powers being granted, and has the capacity to make these decisions.
All our Mental Capacity Assessors are experienced and registered professionals (such as social workers or nurses). We are fully qualified and impartial, making us trusted Certificate Providers.
The Appointment Process
Appointments usually take around an hour, though this may vary depending on the circumstances. We can complete Certificate Provider appointments in most settings, including your home, a care home, hospitals, and in your solicitor’s office.
Our team of Mental Capacity Assessors are extremely experienced in mental capacity assessments, working with people from diverse backgrounds. We pride ourselves on our professionalism, kind, and approachable service.
We accept referrals to act as Certificate Provider from legal and financial professionals, or directly from members of the public.
Read more in our blogs:
Understanding the Power of Attorney Act 2023: Key Changes
The Power of Attorney Act 2023, introduced by Stephen Metcalfe MP and supported by the government, marks a significant step towards modernising the way Lasting Powers of Attorney (LPAs) are made and managed in the UK. Here we have included a breakdown of what this new legislation entails and some of the key changes it…
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