LPA Certificate Provider UK: Who Can Sign and What They Certify
Updated 15 May 2026 · 6 min read · England & Wales
Every lasting power of attorney made under the Mental Capacity Act 2005 requires a certificate provider — an independent person who signs Part B of the LPA form to confirm the donor understands what they are signing and is not under pressure from the attorney or anyone else. Getting this role wrong is one of the most common reasons the OPG rejects an LPA application.
What Does a Certificate Provider Certify?
Under Schedule 1, paragraph 2(1)(e) of the Mental Capacity Act 2005 and the LPA, Property and Financial Affairs form, the certificate provider signs to confirm that, in their opinion:
- The donor understands the purpose and scope of the LPA
- No fraud or undue pressure is being used to induce the donor to make the LPA
- There is nothing else that would prevent the LPA being created
The certificate provider does not need to certify that the donor has legal capacity in a clinical sense — that is a separate assessment. However, if the certificate provider has concerns about capacity, they should decline to sign.
Two Categories of Eligible Certificate Providers
The LPA regulations create two distinct qualifying routes:
| Category | Requirement | Examples |
|---|---|---|
| Personal knowledge | Has known the donor personally for at least 2 years | Long-standing friend, former colleague, GP who has known the patient for 2+ years |
| Relevant skills & expertise | Has professional skills relevant to assessing the donor's understanding | Solicitor, barrister, GP or physician, registered nurse, Independent Mental Capacity Advocate (IMCA), social worker |
A person can qualify under either category. There is no requirement to be a professional if the two-year knowledge route is met. Equally, a professional who has only just met the donor can qualify under the skills route.
Who Is Disqualified from Being a Certificate Provider?
The Mental Capacity Act (LPA, Enduring Powers of Attorney and Public Guardian) Regulations 2007 (Schedule 1) disqualify the following from acting as certificate provider:
- An attorney named in the LPA (including a replacement attorney)
- A family member of an attorney — meaning a spouse, civil partner, cohabitee, parent, child, grandchild, sibling, aunt, uncle, niece, or nephew of any attorney named in the document
- A business partner or employee of an attorney
- An owner, director, manager, or employee of a care home in which the donor lives (this prevents abuse in residential care settings)
- A family member of such a care home owner
Watch out for the family-of-attorney rule. It is not enough that the certificate provider is not the attorney — they must also not be related to any attorney named in the LPA. A donor's daughter acting as attorney means the donor's son-in-law cannot act as certificate provider.
Can the Same Person Who Drafted the LPA Be the Certificate Provider?
Yes, in principle. A solicitor or professional who helped the donor prepare the LPA can also provide the certificate, provided they are not disqualified for any of the reasons listed above. Many solicitors offer this as a combined service.
The donor's family members are not automatically disqualified as certificate providers — only family members of the attorney are barred. So the donor's sibling can be the certificate provider as long as they do not fall into one of the disqualified categories.
The Certificate Provider's Process
- Meet with the donor alone. The OPG recommends (though does not legally require) that the certificate provider meets the donor privately, without the attorney present, to discuss the document and check for any signs of pressure or confusion.
- Satisfy themselves on the three certificate points. The certificate provider should ask the donor to explain what the LPA does in their own words; confirm who the attorneys are; and confirm the donor is making the LPA freely.
- Complete and sign Part B of the LPA form. Part B contains the certificate statement and requires the certificate provider's full name, address, and qualification (knowledge or professional skills). They sign in the presence of the donor.
- The donor signs Part A in front of the certificate provider. The certificate provider witnesses the donor's signature in Part A at the same time.
Certificate Provider vs Witness to Attorney's Signature
The LPA also requires a witness when each attorney signs Part C. This is a different role from the certificate provider:
| Certificate Provider | Witness (to attorney) | |
|---|---|---|
| Signs | Part B of LPA form | Alongside each attorney in Part C |
| Purpose | Certifies donor understanding and freedom from pressure | Witnesses attorney's signature only |
| Eligibility rules | Strict: two-year knowledge or professional expertise; lengthy disqualification list | Any adult not being witnessed — cannot be the donor |
| Same person? | Cannot be the same person as the witness to the donor | |
Frequently Asked Questions
Can the certificate provider be the same person as a witness?
No. The certificate provider and the witness to the donor's signature must be different people. The certificate provider signs Part B of the LPA form; the witness signs alongside the donor in a separate section. They must be distinct individuals.
Can a GP or doctor be a certificate provider?
Yes — a GP qualifies under the 'knowledge' category if they have known the donor for at least two years. A doctor who assesses mental capacity professionally also qualifies under the 'skills and expertise' category. GPs are often chosen precisely because they can also comment informally on the donor's capacity, though the certificate itself does not require a formal capacity assessment.
Can a solicitor who helped draft the LPA be the certificate provider?
Yes, provided the solicitor is not disqualified for another reason (such as being an attorney, family member, or business associate of the attorney). A solicitor who simply helped the donor understand and draft the LPA is eligible. In practice, many solicitors provide the certificate as part of their LPA service.
What happens if an ineligible person acts as certificate provider?
The OPG may reject the LPA during registration or, if it is discovered later, the LPA could be declared invalid by the Court of Protection. OPG carries out checks on certificate providers' details. Using an ineligible person — particularly an attorney's family member — is a common reason for registration rejection.
Does the certificate provider need to meet the donor in person?
The OPG strongly recommends a face-to-face meeting with the donor alone (without the attorney present) so the certificate provider can genuinely assess whether the donor understands the document and is free from pressure. Remote witnessing via video is not currently accepted for LPAs. The certificate provider must be present with the donor when the donor signs Part A.
Can you have two certificate providers instead of one?
Yes. If the donor chooses, they can have two certificate providers instead of one. This is sometimes done for additional protection when the donor's capacity or independence might be questioned. Both must meet the eligibility criteria independently. Having two is optional — one is sufficient for a valid LPA.
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Get the LPA Guidance Pack →Related Articles
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This article is for general information only and does not constitute legal advice. OPG requirements may change — always check gov.uk/power-of-attorney for current guidance.