Lasting Power of Attorney

eskbanker

bluebirdy said:

I’m new to doing this - hope the OP doesn’t mind me jumping on thread to ask a question. Have just started this process for myself and spouse. 

Is a “certificate provider” a solicitor? Or is it in effect just like a professional witness, as you’d have, say, for a passport ID check? Or can it be anyone? I don’t really understand that bit.

Who can be a certificate provider?

A certificate provider must be at least 18 years old and either:

• a friend, colleague or someone you’ve known well for at least two years – they must be more than just an acquaintance

• your doctor or lawyer or someone with the professional skills to judge whether you understand what you’re doing and are not being forced to make an LPA

‘People to notify’ can be certificate providers.

There are quite a lot of people who can’t be a certificate provider – for example, members of your family or your attorneys’ families. There’s a fuller list below.

[...]

The certificate provider must not be:

• an attorney or replacement attorney for the LPA

• an attorney or replacement attorney in any other LPA or enduring power of attorney that you’ve already made

• a member of your or your attorney’s family– including wives, husbands, civil partners, sons, daughters, fathers, mothers, brothers, sisters, grandparents, grandchildren, uncles, aunts, nephews, nieces, in-laws and step-relatives

• an unmarried partner, boyfriend or girlfriend of yours or of any of your attorneys – whether or not they live at the same address

• your business partner or one of your attorneys’ business partners

• your employee or one of your attorneys’ employees

• an owner, manager, director or employee of a care home where you live, or a member of their family

• anyone running or working for a trust corporation appointed as an attorney in a property and financial affairs LPA

If you’re not sure if someone’s allowed to be your certificate provider, you can contact us at customerservices@publicguardian.gov.uk or by calling 0300 456 0300.

https://www.gov.uk/government/publications/make-a-lasting-power-of-attorney/lp12-make-and-register-your-lasting-power-of-attorney-a-guide-web-version#section10

elsien

Parent used a neighbour. Basically, someone who knows you well enough and hopefully will ask the right questions to make sure you know what you’re signing and that you’re not being coerced in any way. 

Albermarle

We used a family friend.

Nebulous2

Farside71 said:

Has anyone done DIY in Scotland, I am about to start looking into it and been told it is not as simple as England 

I have - sort of. I don't want to derail this thread, it might be better starting your own one. The difficulty is getting the professional signature.

The couple I supported had a family GP who willingly signed to say they had capacity, without charging for it. 

Yorkie1

I put this on another thread but is equally of use here:

This article is useful to outline the duties that a certificate provider must carry out - it's not just a rubber stamping exercise

Albermarle

Yorkie1 said:

I put this on another thread but is equally of use here:

This article is useful to outline the duties that a certificate provider must carry out - it's not just a rubber stamping exercise

This is basically the reason  why I made these comments in an earlier post.

OP - A solicitor can be useful if there is any question mark over the donors ability to understand what they are doing. If it is borderline ( eg if they have some cognitive impairment but have good days ) there may be people around  who may be suspicious of your motives and object to the PoA, by saying the donor was not capable of understanding at the time, especially if the donor had then deteriorated.
In this case if a solicitor can confirm that the donor understood what they were signing at the time then this solves any issues.

SarahB16

Albermarle said:

Yorkie1 said:

I put this on another thread but is equally of use here:

This article is useful to outline the duties that a certificate provider must carry out - it's not just a rubber stamping exercise

This is basically the reason  why I made these comments in an earlier post.

OP - A solicitor can be useful if there is any question mark over the donors ability to understand what they are doing. If it is borderline ( eg if they have some cognitive impairment but have good days ) there may be people around  who may be suspicious of your motives and object to the PoA, by saying the donor was not capable of understanding at the time, especially if the donor had then deteriorated.
In this case if a solicitor can confirm that the donor understood what they were signing at the time then this solves any issues.

There is no question mark at all over my mum's cognitive ability and what my mum wishes to do (i.e. the lasting power of attorney) however I'm very much aware that when my mum passes away (and hopefully not for at least another 10 years or more) that my mum's will could be challenged by a relative. 

Referring to the Lasting Power of Attorney though I think I should add that my mum is nearly blind.  I was going to suggest that my mum asks any of her neighbours to be the certificate provider (she has known most of them for decades) but as my mum won't be able to read what she is signing will she need a solicitor?  Or will the certificate provider/neighbour ensure she understands what she is signing?   

I really appreciate all the replies.  

LHW99

Under those circumstances, I would personally use a solicitor. It raises the cost, but the certainty would avoid much more cost and stress when the time comes to use the document (hopefully not for a long time).

Albermarle

LHW99 said:

Under those circumstances, I would personally use a solicitor. It raises the cost, but the certainty would avoid much more cost and stress when the time comes to use the document (hopefully not for a long time).

I think there are two levels of using a solicitor.
You can get them to do the whole application process on your behalf, ( which was how the thread started) for a fee of a few hundred Pounds.
Or you can use a solicitor just to be a Certificate Provider, which would entail a short interview with the donor in private to make sure everything is OK. Not sure though if you would find a solicitor willing to do this without doing all of it, as it would be less lucrative.
I think another poster mentioned asking their GP to do it .

elsien

I think with the current situation with GPs and how hard it is to get any sort of appointment it will be a rare GP who would have the time/inclination to have a full in-person discussion with someone about the LPA and read it out to them so they know what they are signing. Particularly where you never know which GP you are going to see each time (most of our appts are still via phone) and whether it's a locum or not. 
If they did agree it would be a chargeable service.