What does an LPA Certificate Provider do?
This article explains what LPA certificate providers do and looks at LPA certificate providers’ responsibilities and obligations, how to find a certificate provider for an LPA as well as LPA certificate provider fees.
What does an LPA certificate provider do?
An LPA certificate provider is appointed to make sure that a Lasting Power of Attorney (LPA) is correctly administered and to ensure the donor has mental capacity
An LPA is a legal document which enables someone known as the donor to appoint an attorney to make decisions on another person’s behalf, and this includes financial and property matters in most instances. LPA certificate providers help to demonstrate that an LPA has been carried out correctly.
Who is an LPA certificate provider?
The role of LPA Certificate Provider can be fulfilled by a solicitor or notary public who has received specific training in the law on LPAs. The role can also be fulfilled by medical professionals.
The LPA certificate provider must see the original LPA document or any certified copies. The LPA certificate provider should not sign an LPA if there are any mistakes on the LPA document. If a mistake is found it should be reported to the donor and they will need to correct this or contact a solicitor before signing.
LPA certificate providers also check that an individual has capacity when authorising the LPA. However, once appointed, solicitors carrying out transactions involving financial and property matters may require a more comprehensive mental capacity assessment from either a doctor, social worker or another independent mental capacity assessor.
LPA certificate providers can be used to certify LPA forms and the financial powers authorised by an LPA.
LPA certification is often required when completing property or financial transactions that require somebody’s LPA to be registered with the Office of the Public Guardian (OPG). LPA certification must be completed by an LPA certificate provider who can then forward the LPA document onto OPG for registration.
An LPA certificate provider should also check that there are no mistakes, misstatements or omissions on your LPA form before it is sent for registration.
If an LPA is used by somebody who has lost mental capacity, it is possible that the LPA could be challenged in court and overturned on the basis that the person did not have the necessary capacity at the time of signing their LPA form.
This means that where there are significant assets involved, this type of risk should always be assessed carefully before choosing to use an LPA as a way of making decisions about someone’s future care.
It can therefore be advisable to obtain an independent mental capacity report on authorising an LPA by a psychiatrist.
What are an LPA certificate provider’s responsibilities?
The LPA certificate provider is responsible for checking that the LPA forms are completed correctly and that the LPA attorney has all of the necessary information to be able to make any future decisions on their behalf.
It is important that they also ensure that the LPA attorneys understand their powers before they sign to say they agree with what the LPA forms state.
They have a legal responsibility to make sure this happens as part of their role in advising someone who wants to set up an LPA.
It is also very important that everything possible is done to support and encourage people who want to use an LPA to advise them in detail about how it works, how they can get help from the Office of Public Guardian, and to understand all the key terms such as “jointly and severally”, replacement attorneys, right to revoke an LPA and other nuances.
LPA attorneys must always put the LPA donor’s best interests first and act in accordance with the LPA attorney’s duties set out by LPA rules, law, and guidance.
How to find a certificate provider for LPA?
Can a LPA certificate provider be done remotely? LPA rules do not specify whether LPA attorneys can act as certificate providers remotely or whether they have to take on the LPA from their own offices. However, signatures must be wet signatures and the LPA should be a sent as hard copies to the OPG.
What are LPA certificate provider fees?
LPA certificate are entitled to charge fees which are typically £300 for each type of LPA. LPA certificate fees are not regulated and LPA certificate providers can set their own rates.