LPA Certificate Provider Rules in England

What the Certificate Provider Does

The certificate provider is one of the most important people in the LPA process, yet most families treat the role as a formality. Their legal responsibility is substantial: they must confirm in writing that the donor understands the nature and scope of the LPA, knows what powers they are granting, and is not being coerced or pressured by anyone — including the attorneys themselves.

To reach that conclusion, the certificate provider must have a private conversation with the donor. Not in front of the attorneys, not with family members present. This conversation is a legal requirement, and the OPG treats the certificate provider's signature in Section 10 as a formal attestation that the discussion took place.

Who Can Act as Certificate Provider

There are two categories. The first is someone who has known the donor personally for at least two years. A friend, former colleague, or long-standing neighbour qualifies — but not a family member of the donor, and not anyone related to or connected with the named attorneys.

The second category is a professional with relevant skills: a registered healthcare professional (doctor, nurse, psychologist), a solicitor, a barrister, an Independent Mental Capacity Advocate, or a social worker. Professionals do not need a prior relationship with the donor — their professional qualifications are sufficient.

The following people are prohibited from acting as certificate provider: the donor's family members (spouse, civil partner, child, grandchild, sibling, parent, grandparent, step-relations, in-laws), any named attorney or replacement attorney, an employee of the named attorneys, anyone running or employed by a care home where the donor lives, and anyone under 18.

Choosing the Right Person

For straightforward LPAs where the donor has clear mental capacity, a close friend who has known them for two or more years is usually the easiest option. They know the donor well enough to confirm that the document reflects genuine wishes, and the private conversation is a natural extension of their relationship.

If there is any question about the donor's cognitive state — an early dementia diagnosis, a recent stroke, or fluctuating capacity — use a medical professional. A GP who has been treating the donor can assess capacity in a clinical context and their professional standing carries more weight if the LPA is ever challenged.

If the donor lives in a care home, no one employed by or managing that home can serve as certificate provider. An external professional or a friend who visits regularly will need to fill the role.

The Private Conversation

The OPG does not prescribe exactly what the certificate provider must ask, but they expect the conversation to cover three areas: does the donor understand what an LPA is and what it does? Does the donor understand specifically which powers they are granting and to whom? Is the donor making this decision freely, without pressure from family or anyone else?

Practical tips for the certificate provider: meet the donor somewhere they feel comfortable, without attorneys or family in the room. Ask open-ended questions rather than yes/no prompts. If the donor struggles to explain the LPA in their own words, that may indicate they do not fully understand it — and the certificate provider should not sign until they are satisfied.

Certifying Copies of a Registered LPA

A separate but related question: after the LPA is registered and returned by the OPG, you may need certified copies for banks, care homes, or solicitors. While the donor still has capacity, they can certify their own copies by writing "I certify this is a true and complete copy of the corresponding page of the original lasting power of attorney" on each page, signing and dating every page, and adding "I certify this is a true and complete copy of the lasting power of attorney" on the final page.

If the donor has lost capacity and no donor-certified copies are available, ask a solicitor or notary to certify a copy.

Our LPA guide includes a certificate provider prep sheet with the exact questions to cover during the private discussion.

See more England guides →