What Is a Certificate Provider in an LPA?
Every LPA needs a certificate provider. Here is who they are, what they do, and how to choose one.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
A certificate provider is an independent person who signs your Lasting Power of Attorney to confirm that you understand what you are doing and that nobody is pressuring you into making it. This role is a legal safeguard required under the Mental Capacity Act 2005, and without a valid certificate provider signature your LPA cannot be registered with the Office of the Public Guardian (OPG).
At a glance
- A certificate provider is an independent person who confirms the donor understands the LPA and is not being pressured into making it
- They can be someone who has known you for at least two years, or a professional such as a GP, solicitor, or social worker
- Family members, attorneys, and anyone connected to the donor's care home cannot act as certificate provider
- The certificate provider must sign after the donor but before the attorneys — getting the order wrong will cause the LPA to be rejected
What Does a Certificate Provider Certify?
The certificate provider must confirm three things before signing your LPA:
- You understand the purpose and scope of the LPA — that you are granting another person legal authority to make decisions on your behalf
- Nobody has put you under pressure to create the LPA (known as undue influence)
- There is no fraud involved — you are acting voluntarily and of your own free will
The certificate provider must have a conversation with you, ideally in private without any attorneys present, to satisfy themselves on each of these points. They are not simply witnessing your signature — they are making a positive statement that you have the mental capacity to make this LPA and are doing so freely.
Key point: The certificate provider role exists to protect you. It is one of the most important safeguards in the LPA process and ensures that vulnerable people are not exploited.
Who Can Be a Certificate Provider?
There are two categories of people who qualify as a certificate provider. You only need one person, and they must fall into one of these groups:
Someone Who Knows You Well
A person who has known you personally for at least two years. This could be a friend, neighbour, colleague, or former colleague. They do not need any professional qualifications, but they must know you well enough to judge whether you understand the LPA and are acting freely.
A Professional Person
A person with relevant professional skills, such as a registered doctor (GP), solicitor, barrister, social worker, Independent Mental Capacity Advocate (IMCA), or other registered healthcare professional. They do not need to have known you for two years.
Who Cannot Be a Certificate Provider?
To maintain independence, the following people are not allowed to act as your certificate provider:
- Any attorney or replacement attorney named in the LPA
- A family member of any attorney named in the LPA
- Your spouse, civil partner, or partner
- A family member of the donor (you)
- A business partner of the donor or any attorney
- An employee of the donor or any attorney
- The owner, manager, director, or employee of a care home where you live
- Anyone under the age of 18
Important: If the OPG finds that your certificate provider is ineligible, your LPA application will be rejected and you will need to have a new certificate signed. This can delay the process significantly, so choose carefully.
What Does Being a Certificate Provider Involve?
When you ask someone to be your certificate provider, they will need to:
- Speak with you privately — they should have a one-to-one conversation with you, away from your attorneys, to check that you understand what you are signing
- Read the LPA document — they should look through the completed LPA to understand what powers you are granting
- Confirm your understanding — they must be satisfied that you grasp the significance of the document
- Check for undue influence — they need to consider whether anyone is forcing or manipulating you into making the LPA
- Sign and date the certificate section — they must sign the relevant part of the LPA form, providing their name, address, and how they qualify
The certificate provider must sign after you (the donor) have signed, but before the attorneys sign. What catches many people out is that getting this signing order wrong is one of the most common reasons LPAs are rejected by the OPG. For a full overview of the witnessing and signing process, see our guide on who can witness an LPA signature.
What Legal Responsibility Does a Certificate Provider Carry?
The certificate provider has a genuine legal responsibility. By signing, they are making a formal statement that:
- They have read the LPA or had it explained to them
- They have discussed the LPA with the donor (you)
- In their opinion, the donor understands the LPA's purpose and scope
- No fraud or undue pressure is being applied to the donor
- There is nothing else that would prevent the LPA from being created
If a certificate provider signs without properly carrying out these checks, they could face legal consequences. Courts have the power to invalidate an LPA if it is found that the certificate was signed improperly.
Key Questions on Certificate Providers
Can my GP be my certificate provider?
Yes. Your GP is one of the most common choices for a professional certificate provider. Some GP surgeries may charge a small fee for this service, as it is not covered by the NHS. Contact your surgery in advance to check availability and any costs.
Can the same person be certificate provider for both my LPAs?
Yes. If you are making both a Property & Financial Affairs LPA and a Health & Welfare LPA, the same person can act as certificate provider for both documents.
Does the certificate provider need to be present when the attorneys sign?
No. The certificate provider only needs to be present when they sign their own section. The attorneys sign separately afterwards.
Can I pay someone to be my certificate provider?
You can use a professional such as a solicitor or GP who may charge a fee for the service. However, you cannot pay a friend or acquaintance specifically to act as certificate provider — this could raise concerns about the independence of the role.
What if I cannot find a certificate provider?
If you do not have someone who has known you for two years and cannot easily access a professional, consider asking a religious leader, a long-standing colleague, or contacting a local solicitor. You must have a valid certificate provider — there is no way to create an LPA without one.
Our guided LPA service helps you avoid signing mistakes by walking you through each step in the correct order. See pricing.
Key Takeaways
- Every LPA needs a certificate provider — without a valid certificate provider signature, the OPG will reject the application
- Choose someone independent — family members, attorneys, and anyone with a close personal or business connection to you or your attorneys are excluded
- Signing order matters — the certificate provider must sign after the donor and before the attorneys, or the entire LPA will be invalid
- The role is a safeguard, not a formality — the certificate provider must have a genuine conversation with the donor to confirm understanding and the absence of undue pressure
- A GP is a common choice — your GP can act as a professional certificate provider, though some surgeries charge a small fee for the service
Key Questions on Certificate Providers
Does the certificate provider need to be a professional?
No. A certificate provider can be either someone who has known you personally for at least two years or a professional such as a GP, solicitor, or social worker. You only need one person from either category.
Can the certificate provider live abroad?
Yes, there is no requirement for the certificate provider to live in the UK. However, they must be physically present to sign the LPA document, so practical arrangements will need to be made.
What happens if the certificate provider refuses to sign?
If a certificate provider has concerns about the donor's capacity or suspects undue influence, they should refuse to sign. You would then need to find a different eligible person to act as certificate provider before the LPA can proceed.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Relevant government resources
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