Who Can Be Certificate Provider LPA

What the Certificate Provider Does

The certificate provider is the independent safeguard in the LPA process. By signing Section 10 of the LPA form, they confirm three things about the donor:

1. The donor understands the purpose and scope of the LPA
2. Nobody is pressuring the donor into making it
3. There is nothing preventing the LPA from being created (no fraud, no undue influence)

This is not a rubber stamp. The OPG takes the certificate provider's role seriously, and errors or ineligibility in this section are a common cause of application rejections.

Two Categories of Eligible Person

The Mental Capacity Act 2005 recognises two types of certificate provider:

A professional. This includes solicitors, barristers, registered GPs, registered nurses, social workers, and other professionals with relevant expertise. The key requirement is that the professional has the skills to assess whether the donor understands the LPA and is acting freely.

A personal contact. Someone who has known the donor personally for at least two years. This person does not need professional qualifications, but they must be able to form a genuine, independent opinion about the donor's understanding and freedom from coercion.

Who Cannot Do It

The disqualification list is specific and strictly enforced:

• Any attorney or replacement attorney named in the LPA
• A family member of the donor or any attorney (spouse, civil partner, child, grandchild, parent, sibling)
• A business partner of the donor or any attorney
• An employee of the donor or any attorney
• An owner, director, manager, or employee of a care home where the donor lives
• An employee of a trust corporation appointed as an attorney

The OPG will reject the LPA if the certificate provider falls into any of these categories, even if no one noticed at the time of signing.

Can Your GP Charge a Fee?

Yes. GPs in England are not obligated to act as certificate providers, and when they do, it falls outside NHS-funded services. Some GP surgeries treat it as a private service and may charge a fee.

Some surgeries decline the role entirely, particularly if the GP does not feel they have a close enough clinical relationship with the patient to meaningfully assess capacity and freedom from pressure. If your GP declines, a solicitor or a long-standing friend are the standard alternatives.

The fee is not refundable through the OPG and is not covered by any means-tested fee remission scheme. It is separate from the £92 OPG registration fee.

Why This Matters for Rejection Rates

The OPG rejects approximately 15% of DIY LPA applications. Certificate provider issues are among the most common reasons, alongside signing sequence errors.

The most frequent certificate provider mistakes:

• Using someone who has known the donor for less than two years (personal contact route)
• Using a family member who assumed they were eligible because they are also a medical professional
• The certificate provider signing before the donor — the donor must sign Section 9 first, then the certificate provider signs Section 10 on the same day or afterwards
• Leaving the certificate provider section incomplete or illegible

A rejection means the entire LPA must be re-executed from scratch. If you reapply within three months using the returned case number, the repeat application fee is £46; otherwise the standard fee applies. If the donor's cognitive health is declining, a rejection can push the application past the point where the donor retains sufficient capacity to sign — triggering the much more expensive Court of Protection deputyship process.

The England ADRT Guide includes a full LPA signing tracker that maps the correct chronological sequence, a certificate provider eligibility checklist, and guidance on coordinating your LPA with an ADRT so both documents survive OPG scrutiny.

See more England guides →