LPAs—people to notify and certificate providers
Published by a LexisPSL Private Client expert

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • LPAs—people to notify and certificate providers
  • People to notify when the LPA is registered
  • Choosing the people to notify
  • The notification process
  • Certificate providers
  • Who may act as certificate provider
  • Points to note re non-professional certificate providers
  • Points to note re professional certificate providers
  • Completion of the certificate

LPAs—people to notify and certificate providers

FORTHCOMING CHANGE: The government has published its response to the Ministry of Justice (MoJ) and the Office of the Public Guardian (OPG)’s consultation, Modernising Lasting Powers of Attorney, which closed in October 2021. The government has confirmed that they intend to introduce a fully digital LPA service, as well as retaining the current paper-based processes. They will investigate the possibility of technology replacing witnesses and could combine the role of certificate provider and witness. Identification checks will be introduced as a safeguarding measure against coercion or fraud. The government also wants to create a clearer process for objections to the registration of an LPA. Amendments to the Mental Capacity Act 2005 and the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007, SI 2007/1253, will be required to implement these changes. For further guidance on the government’s response, see News Analysis: Safer, simpler and fit for the future—government’s response to modernising LPA.

This Practice Note explains the role of certificate providers and people to notify in the making and registration of lasting powers of attorney (LPAs). For an introduction to LPAs, see: Creating a valid LPA and for information on choosing LPA attorneys, see Practice Note: Choosing the LPA attorney.

The concepts of the certificate provider and named persons to notify were introduced by MCA 2005 into

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