Who Can Be a Certificate Provider for a Lasting Power of Attorney?

When you make a Lasting Power of Attorney (LPA) in England and Wales, you must choose a certificate provider. This is an independent person who confirms you understand the LPA and that you are making it freely, without pressure. If the wrong person signs, the Office of the Public Guardian (OPG) can delay registration or reject the application.

Quick answer

A certificate provider must be 18 or over and be either someone who has known you well for at least 2 years or a professional with relevant skills (such as a solicitor or registered healthcare professional). They must be independent and cannot be an attorney (one of the people you are appointing to make decisions for you), a close family member, partner, or someone connected to your care home. Choosing correctly helps avoid OPG delays.

What does a certificate provider actually do?

Your certificate provider signs the LPA to confirm (in their opinion) that:

• you understand what the LPA does and how it works
• you understand the decisions your attorneys could make
• you are not under pressure
• there is no fraud involved
• there is no other reason for concern

In practice, a good certificate provider will speak to you briefly and check you can explain, in your own words:

• what the LPA is for
• who you are appointing and why
• when attorneys can act (depending on the type of LPA)

Tip: Your certificate provider should speak to you in private, without your attorneys present, where possible. That simple step can help prevent future challenges.

When does the certificate provider sign?

Order matters. Your certificate provider must sign:

• after you (the donor) and your witness have signed, and
• before your attorneys sign.

If the signing order is wrong, it can cause delays and you may need to correct or redo part of the LPA before it can be registered.

Who can be a certificate provider?

There are two common routes.

Option 1: Someone who has known you well for at least 2 years

This could be:

• a friend
• a neighbour
• a former colleague
• someone from a club, charity, or community group

The key phrase is “known you well”. It is not just about the calendar. They should know you well enough to have a confident, independent conversation with you about what you are signing.

Good rule of thumb: if they would feel awkward asking you a few direct questions about the LPA, they are probably not the best choice.

Option 2: A professional with relevant skills

This might include:

• a registered healthcare professional (such as your GP)
• a solicitor, barrister, or advocate
• a registered social worker
• an independent mental capacity advocate (IMCA)

Some professionals charge for this, and many GP practices have limited capacity, so it is worth planning ahead.

Who cannot be a certificate provider?

A certificate provider must not be:

• an attorney or replacement attorney for this LPA
• an attorney or replacement attorney in any other LPA or enduring power of attorney you have made
• a member of your family or your attorney’s family (including in-laws and step-relatives)
• your spouse or civil partner
• your boyfriend or girlfriend (whether or not you live together)
• your business partner (or your attorney’s business partner)
• your employee (or your attorney’s employee)
• an owner, manager, director, or employee of a care home where you live (or a member of their family)
• someone running or working for a trust corporation appointed as attorney in a property and financial affairs LPA

If you are unsure, it is safer to choose someone clearly independent or use a professional.

What counts as “known you well for 2 years”?

This is where people often get caught out.

“Known you well” usually means the person can recognise:

• how you make decisions
• how you communicate
• what is normal for you day to day
• whether something feels “off” or pressured

Someone you only see occasionally, or who only knows you in a limited context, may not be ideal.

If the certificate provider has only met you a handful of times, or only knows you through your attorney, it can raise avoidable questions about independence.

Why the certificate provider is a common cause of delays

In our experience, certificate provider issues tend to fall into three categories:

1) The wrong person signs

This is the biggest one: a family member, partner, attorney, or someone connected to a care setting signs without realising they are ineligible.

2) Independence is not clear

Even if a person is technically eligible, if they are closely linked to the attorneys (or your care arrangements), it can create doubt and delay.

3) The signing order is wrong

The donor, certificate provider, and attorneys must sign in the correct order. Small admin mistakes can lead to rework.

A practical checklist to choose the right certificate provider

Choose someone who:

• is clearly independent of your attorneys
• can speak to you privately
• is confident asking simple questions about the LPA
• is available to sign in the correct order
• would be comfortable being contacted if the OPG raised a query

Avoid anyone who:

• benefits from the LPA
• is “too close” to your attorneys
• is involved in your care home (if that applies)
• feels like a tick-box option rather than a genuine safeguard

Common scenarios

Can my son or daughter be my certificate provider?

Usually no. Close family members cannot act as certificate providers. If your child is also an attorney (or replacement attorney), that is a separate reason they cannot sign.

Try instead: a long-standing friend, neighbour, or an appropriate professional.

Can one of my attorneys be the certificate provider?

No. Attorneys and replacement attorneys cannot act as certificate providers.

Can my spouse or partner be the certificate provider?

No. A spouse or civil partner is not allowed, and an unmarried partner is also not allowed.

Can my GP be my certificate provider?

Potentially, yes. Many GP practices charge, and some will not offer the service. If timing is tight, a solicitor or another eligible professional may be a more reliable option.

Can a certificate provider also be a witness?

Yes, the certificate provider can also act as a witness for signatures.

Can a “person to notify” be a certificate provider?

Yes, as long as they meet the rules and are independent.

How ELM Legal Services can help

If you are unsure who can act as your certificate provider, or you want confidence the LPA will be completed and signed correctly, we can help you get it right first time and reduce the risk of delays during registration.

To discuss your situation, speak to us about making an LPA. We offer a free initial meeting, so you can ask questions, understand your options, and decide what to do next without any obligation.

FAQs

Do I need a certificate provider for both types of LPA?

Yes. You need a certificate provider whether you are making a property and financial affairs LPA or a health and welfare LPA.

Does the certificate provider have to sign on the same day as me?

Not necessarily. They can sign on the same day or shortly afterwards, but they must sign after you and before your attorneys.

What if I cannot find anyone suitable?

You may want to use a professional certificate provider. This is often the simplest option where independence could otherwise be questioned.

What is the correct signing order for an LPA?

In general, you (the donor) sign first, then the certificate provider, then your attorneys. Getting the order wrong can cause delays.

Learn more about what to look out for when making a Lasting Power of Attorney yourself in our recent article.