What does a Certificate Provider do in a Lasting Power of Attorney?

Author: Chris Watts, Will Writer – Fern Wills & LPAs

Last verified: 25 August 2025 (England & Wales)

Quick-read summary

When you make a Lasting Power of Attorney (LPA), one part of the process is having an independent person—called the Certificate Provider—confirm that you know what you are signing, that you have the mental capacity to make it, and that no one is forcing you into it.Their signature is not just a formality: without it, the LPA will not be valid. Choosing the right Certificate Provider helps make sure the Office of the Public Guardian (OPG) accepts your LPA without delay.

Practical checklist – the Certificate Provider’s role

• ✅ Confirms you understand what an LPA is and what powers your attorneys will have
• ✅ Checks you are making it freely, without pressure or undue influence
• ✅ Confirms you have the mental capacity to make the LPA
• ✅ Ensures there are no legal reasons that would prevent it from being created
• ✅ Signs Section 10 of the form at the correct stage: on or after your signature in Section 9, but before your attorneys sign

What to consider

• Who can act:
  • A friend, neighbour, or colleague who has known you personally for at least two years (Category A)
  • A professional such as a GP, solicitor, social worker, IMCA, or an experienced estate planner (Category B)
• Who cannot act:
  • Attorneys or replacement attorneys
  • Family members (including in-laws and step-relatives)
  • Business partners or employees
  • Anyone connected to a care home or trust corporation linked with the LPA
• Preparation:
  The Certificate Provider should read the form in full—especially Section 8 (attorneys’ powers and duties) and any guidance or restrictions you’ve added—before asking questions to check your understanding.

How this works in real life

We recently supported Mr Davis in setting up LPAs for both health and finances. His Certificate Provider was a neighbour he had known for over ten years. We gave her clear guidance on what questions to ask—such as why Mr Davis wanted these particular attorneys and whether he felt pressured. Because the process was handled properly, the OPG accepted his forms the first time, avoiding the delays that can happen when information is missing. Mr Davis told us the peace of mind was “worth every penny.”

FAQs

Do I have to pay a Certificate Provider?

Not always. If you ask a friend or neighbour who qualifies, there may be no cost. If you use a professional, such as Fern Wills & LPAs, a fee is payable but comes with expertise and reassurance.

Can my doctor act as Certificate Provider?

Yes, GPs can do this, though many no longer offer the service due to time pressures.

Can one of my attorneys also be my Certificate Provider?

No. Attorneys, replacement attorneys, and close relatives cannot act in this role.

Does the Certificate Provider have to be present when I sign?

Yes, they must sign after you sign Section 9, but before your attorneys sign their parts.

What happens if the OPG is not satisfied?

The LPA can be rejected or delayed, sometimes for months. Using an experienced professional Certificate Provider helps avoid this risk.

Optional Technical Notes (for those who want the detail…)

• The role is set out in the Mental Capacity Act 2005 and accompanying regulations.
• The Certificate Provider’s declaration is in Section 10 of the LPA form.
• The OPG’s guidance (Part B of form LP1) sets out the specific questions they expect to be considered.
• Best practice is for the Certificate Provider to meet the donor privately—without attorneys present—to ensure the decision is free from influence.
• Although not legally required, keeping a short written record of the questions asked and answers given can be valuable if the LPA is ever challenged.

Sources & further reading:

• Office of the Public Guardian – Making and Registering an LPA
• Mental Capacity Act 2005 (legislation.gov.uk)

Next steps

Choosing the right Certificate Provider is essential for getting your LPA accepted without problems. At Fern Wills & LPAs, we can act as your Certificate Provider and guide you through the whole process, ensuring every stage is handled correctly.📞 Contact us today to take the stress out of your LPA.