Skip to main content
WUHLD
← Back to articles

Certificate Provider for LPA: Your Complete UK Guide

· 25 min

Note: The following scenario is fictional and used for illustration.

Michael, 58, spent three weeks carefully completing his property and financial affairs LPA. He chose his daughter as his attorney, included detailed instructions about his property portfolio, and paid the £82 registration fee. Six weeks later, the Office of the Public Guardian rejected his application.

The reason? Michael had asked his son-in-law—his daughter's husband—to be his certificate provider. Because the certificate provider cannot be related to the attorney, his entire application was invalid. Michael had to start again, pay another £82 fee, and wait another 8-10 weeks for registration.

In 2023-24, the OPG rejected 50,918 LPA applications due to errors. Choosing an ineligible certificate provider is one of the most common mistakes. When completed correctly, it takes 8-10 weeks to register an LPA—but one error means starting over.

This guide explains exactly who can (and cannot) be your certificate provider, what they do, how to choose between knowledge-based and professional providers, and how to avoid the common mistakes that lead to rejection.

Table of Contents

What Is a Certificate Provider for an LPA?

A certificate provider is an independent person who confirms you understand the LPA and are making it voluntarily. They're not an attorney or replacement attorney—they play no role in decision-making after the LPA is registered.

Certificate providers are required by law under Mental Capacity Act 2005 Schedule 1. They sign Section 10 of the LPA form (LP1F for property and financial affairs, LP1H for health and welfare). Without a valid certificate provider signature, the OPG will not register your LPA.

Think of your certificate provider as an independent safety check. Before your LPA can be registered, someone who either knows you well or has professional expertise must confirm that you're not being pressured, that you understand what you're doing, and that your decision is genuinely yours.

All LPAs require a certificate provider—there are no exceptions. This applies to both property and financial affairs LPAs and health and welfare LPAs.

The signing order matters. You (the donor) sign first in Section 9, then the certificate provider signs Section 10, then your attorneys sign their sections. Getting this order wrong is one reason 15% of LPA applications contain errors.

Why Do LPAs Require a Certificate Provider?

The certificate provider requirement exists to protect you against undue influence, coercion, and financial abuse. It ensures you understand the significant powers you're granting and confirms you have mental capacity to create the LPA at that moment.

In 2024, the Court of Protection ruled that certificate providers must take active steps to verify these conditions, not just sign as a formality. The court rejected an LPA because the certificate provider had simply signed the form without having a meaningful conversation with the donor.

The court clarified that certificate providers must actively verify the donor's understanding and freedom from pressure. They must form a genuine opinion that the donor understands the LPA's purpose and scope, that no fraud or undue pressure is being used, and that there's nothing else preventing the LPA from being created.

The certificate is legal evidence that proper procedures were followed. If an LPA is challenged in court, the certificate provider's confirmation is scrutinized. The court will examine how the certificate provider formed their opinion—if they didn't speak to the donor or properly consider the requirements, the LPA may be declared invalid.

This requirement exists to protect you and your family from fraud, pressure, and future legal challenges. It's not bureaucracy—it's a safeguard ensuring your LPA reflects your genuine wishes.

The Two Types of Certificate Provider

You can choose between two types of certificate provider: knowledge-based or skills-based (professional). Both are equally valid under the law, but they suit different circumstances.

Knowledge-Based Certificate Providers

Knowledge-based certificate providers must have known you personally for at least 2 years before signing. They need to be more than just an acquaintance—someone who knows you well enough to have an honest conversation about your LPA.

Examples include friends, neighbours, work colleagues, or former colleagues. They cannot be family members. They typically don't charge a fee, making this a cost-effective option.

The 2-year requirement is strict. Count backwards 2 full years from the signing date. If you met your colleague 18 months ago, they don't qualify yet—even if you see them daily.

Knowledge-based certificate providers must be confident assessing whether you're acting freely and understand the LPA. They don't need professional qualifications, but they do need to know you well enough to recognise if something seems wrong.

Skills-Based (Professional) Certificate Providers

Skills-based certificate providers have relevant professional skills to assess capacity and understanding. They don't need to have known you for 2 years—their professional expertise qualifies them.

Examples include solicitors, GPs, social workers, registered healthcare professionals, and independent mental capacity advocates (IMCAs). Many are regulated by professional bodies like the Solicitors Regulation Authority.

Professional certificate providers typically charge fees, ranging from £50 to £300 per LPA. They're expected to have established processes and documentation, which can provide stronger evidence if the LPA is later challenged in court.

Some professionals may decline to act as your certificate provider. GPs, for example, aren't obligated to provide this service—it's typically a private (non-NHS) service, and some practices don't offer it.

Comparison

Aspect Knowledge-Based Skills-Based (Professional)
Eligibility Known you personally for 2+ years Relevant professional skills/qualification
Examples Friends, neighbours, colleagues Solicitors, GPs, social workers
Typical Cost Free £50-£300 per LPA
Advantages No cost, personal knowledge of you Professional expertise, stronger documentation
Disadvantages Must find someone eligible you know Costs money, may need appointment
Best For Straightforward LPAs, cost-conscious Complex LPAs, anticipated challenges

Who Can Be a Certificate Provider for Your LPA?

Certificate providers must be 18 or over. Beyond that, eligibility depends on whether you choose knowledge-based or skills-based.

Eligible Knowledge-Based Providers

Knowledge-based certificate providers must have known you for at least 2 years. Suitable people include:

  • Friends who have known you for 2+ years
  • Neighbours you've known for 2+ years
  • Current work colleagues (2+ years)
  • Former work colleagues (2+ years relationship)
  • Members of clubs or organisations you belong to (2+ years acquaintance)
  • Church or community group members (2+ years)

Sarah's friend Emma, who she met at book club 3 years ago, can be her knowledge-based certificate provider. The relationship is long-standing, Emma knows Sarah well, and she's completely independent from Sarah's attorneys.

Eligible Professional Providers

Skills-based certificate providers need relevant professional expertise. Eligible professionals include:

  • Solicitors regulated by the Solicitors Regulation Authority
  • Barristers
  • Your GP or other doctors
  • Registered nurses and healthcare professionals
  • Registered social workers
  • Independent Mental Capacity Advocates (IMCAs)
  • Chartered Legal Executives (CILEX members)

David's GP of 10 years can be his skills-based certificate provider. As a registered healthcare professional, the GP has the expertise to assess David's understanding and capacity, though they may charge a private fee for this service.

James asked his solicitor to be his certificate provider while drafting his LPA. The solicitor charged £75 plus VAT as part of their service package. This provided professional documentation and peace of mind that the LPA was completed correctly.

Important Note

Your certificate provider can also act as a witness to your signature, provided they're over 18 and are not the donor themselves. However, the signing order must be correct: you sign Section 9 first (witnessed), then the certificate provider signs Section 10, then your attorneys sign.

Who Cannot Be a Certificate Provider

The certificate provider must be completely impartial. This means they cannot be related to you or your attorneys, and they cannot have any financial or employment relationship with either of you.

This independence requirement prevents conflicts of interest. If your certificate provider has a personal stake in your LPA—perhaps they're your attorney's spouse, or they work for your care home—they cannot objectively confirm that you're acting freely without pressure.

Family Members (Never Eligible)

Family members can never be certificate providers, even if they have professional qualifications. This includes:

  • Spouse or civil partner
  • Partner (including unmarried or cohabiting partners)
  • Children, step-children, grandchildren
  • Parents, step-parents, grandparents
  • Siblings, half-siblings, step-siblings
  • In-laws (mother-in-law, son-in-law, brother-in-law, etc.)
  • Any family member of your attorneys (your attorney's spouse, children, parents, siblings)

Michael's mistake was choosing his son-in-law as his certificate provider. Even though his son-in-law was a solicitor with relevant professional skills, he was ineligible because he's married to the attorney. The OPG rejected the application immediately.

Business Connections

Business relationships create conflicts of interest. These people cannot be certificate providers:

  • Anyone who is your employee
  • Anyone who is your business partner
  • Employees or business partners of your attorneys

People involved in your care have financial interests that compromise impartiality:

  • Staff members at your care home
  • Employees of organisations providing your care
  • Owners, managers, or directors of your care home
  • Anyone with a financial interest in your care
  • Family members of people associated with the care home

Many people assume that because their GP charges for certificate provider services, their GP can assess anyone. However, if you're in a care home, no member of that organisation—including visiting GPs employed by the care home—can be your certificate provider.

Other Ineligible Persons

The following also cannot be certificate providers:

  • Your attorneys (the people you're appointing)
  • Your replacement attorneys
  • Anyone under 18 years old
  • Anyone running or working for a trust corporation appointed as an attorney in a property and financial affairs LPA

What Does a Certificate Provider Actually Do?

Certificate providers have specific responsibilities before, during, and after their conversation with you. GOV.UK guidance outlines what they should do, and the 2024 Court of Protection ruling reinforced that this must be a genuine process.

Before Signing (Preparation)

The certificate provider should:

  • Read the entire LPA form, especially Section 8 (attorneys' powers and duties)
  • Review any instructions or preferences you've included
  • Arrange a private meeting with you (without attorneys or family members present)
  • Prepare questions to assess your understanding

This preparation ensures the certificate provider understands what they're certifying and can have a meaningful conversation with you.

During the Conversation (Assessment)

The certificate provider should ask questions to verify your understanding and freedom from pressure. Typical questions include:

  • "What is an LPA?"
  • "Why do you want to make an LPA?"
  • "Who have you appointed as your attorney(s)?"
  • "What powers will your attorneys have?"
  • "What is the difference between any restrictions and guidance you've included?"
  • "Do you have any concerns about your attorneys?"
  • "Is anyone pressuring you to make this LPA?"

These questions aren't scripted—the certificate provider should have a genuine conversation appropriate to your situation.

What They're Checking

The certificate provider must satisfy themselves that:

  1. You understand what an LPA is and what it means
  2. You understand the scope of powers you're granting
  3. You're making the decision voluntarily, without pressure or coercion
  4. There's nothing else that would prevent the LPA from being created

These are the requirements set out in Mental Capacity Act 2005 Schedule 1.

What They're Not Doing

Certificate providers are not:

  • Conducting a formal mental capacity assessment (that's different and more clinical)
  • Approving or disapproving your choice of attorneys
  • Checking whether the LPA is a "good idea"
  • Making decisions about your LPA's contents

Their role is verification, not approval.

After the Conversation (Signing)

Once satisfied with the conversation, the certificate provider:

  • Completes Section 10 of the LPA form
  • Signs and dates the certificate
  • Ideally keeps a written record of the questions asked and answers given (best practice if the LPA is later challenged)

The 2024 Court of Protection ruling confirmed that certificate providers must take active steps to satisfy themselves that the conditions are met. Simply signing the form without a proper conversation is insufficient.

Signing Order Requirement

The signing order is critical:

  1. You (donor) sign Section 9 with a witness present
  2. Certificate provider signs Section 10
  3. Attorneys sign their sections as soon as reasonably possible after—ideally the same day

If the dates are out of sequence (certificate provider's date is before your date), the OPG will reject the application.

How Much Does a Certificate Provider Cost?

Certificate provider costs vary dramatically depending on whether you choose knowledge-based or professional options.

Knowledge-Based Certificate Providers: Free

Friends, neighbours, and colleagues who act as knowledge-based certificate providers typically don't charge anything. This is a favour, not a paid service.

You may want to offer a thank-you gift, but no fee is expected. This saves you £50-£300 per LPA compared to professional fees.

If you're creating both a property and financial affairs LPA and a health and welfare LPA, the same knowledge-based certificate provider can sign both at no cost.

Professional Certificate Provider Fees

Professional certificate providers charge fees that vary widely based on profession, location, and the complexity of your LPA.

Solicitors: £30-£300 per LPA, commonly around £50-£95 plus VAT

  • Some firms charge per LPA, so £95 for property & financial + £95 for health & welfare = £190 total plus VAT
  • This is separate from any fees for drafting or advising on your LPA

GPs and Healthcare Professionals: £50-£150 per LPA

  • This is a private (non-NHS) service
  • Some GP practices don't offer certificate provider services at all
  • Fees vary by practice and region

Other Professionals: £50-£300 depending on profession and location

  • Social workers, registered healthcare professionals, and IMCAs may charge different rates
  • Some may include certificate provider services within broader advice packages

Important Context

Certificate provider fees are not regulated—professionals can set their own rates. Always confirm the fee before proceeding.

When professionals quote a per-LPA fee, clarify whether that's per document. If you're creating two LPAs, you'll pay twice.

These fees are completely separate from the £92 OPG registration fee that everyone must pay to register each LPA (increasing from £82 to £92 on 17 November 2025).

Cost Comparison Scenario

If Emma uses her friend as a knowledge-based certificate provider for both her property and health & welfare LPAs, she pays:

  • £0 for certificate provider services
  • £164 OPG registration fees (£82 × 2 LPAs, or £184 after November 2025)
  • Total: £164

If she uses a solicitor charging £95 plus VAT per LPA, she pays:

  • £228 for certificate provider services (£95 + VAT × 2)
  • £164 OPG registration fees
  • Total: £392

That's £228 extra for professional certification.

When Professional Fees Might Be Worth It

Professional certificate providers may be worth the cost if:

  • You have complex LPAs with many instructions and restrictions
  • You expect the LPA might be challenged in future (professional documentation provides stronger evidence)
  • You don't have anyone suitable who has known you for 2+ years
  • You want the peace of mind of professional verification and a documented process

For straightforward LPAs where you have an eligible friend or colleague, the knowledge-based route saves significant money without compromising validity.

Common Certificate Provider Mistakes to Avoid

Certificate provider errors are a leading cause of LPA rejections. In 2023-24, 50,918 LPA applications were rejected—each rejection means another £82-£92 fee and 8-10 week wait.

Mistake 1: Choosing an Ineligible Person

Example: Asking your son to be your certificate provider when your daughter is your attorney.

Why It Fails: Both are family members. The certificate provider must be independent from you and your attorneys.

Fix: Choose someone completely independent—a friend who has known you 2+ years, or a professional with no family connection.

Mistake 2: Incorrect Signing Order

Example: Certificate provider signs before you, or attorneys sign before the certificate provider.

Why It Fails: The correct signing order is: Donor (Section 9) → Certificate Provider (Section 10) → Attorneys.

Fix: Plan a signing meeting where everyone signs in the correct sequence, or coordinate by post with clear date instructions.

Mistake 3: Dates Out of Sequence

Example: Certificate provider's date is 5 March, but your date is 10 March.

Why It Fails: It looks like the certificate provider signed before seeing you sign, which violates the process.

Fix: Ensure dates follow the signing order. Your date must be equal to or earlier than the certificate provider's date, which must be equal to or earlier than the attorneys' dates.

Mistake 4: Assuming 2-Year Relationship When It's Less

Example: Asking a work colleague you've known for 18 months to be your knowledge-based certificate provider.

Why It Fails: The 2-year requirement is strict. If challenged or checked, the LPA could be rejected.

Fix: Count backwards 2 full years from the signing date. Be conservative. If you're close to 2 years, wait or choose a professional certificate provider instead.

Mistake 5: Certificate Provider Doesn't Have a Proper Conversation

Example: Certificate provider signs without asking any questions or meeting privately with you.

Why It Fails: The 2024 Court of Protection ruling made clear this invalidates the certificate. The court can examine how the opinion was formed.

Fix: Certificate provider must have a meaningful, private conversation with you and ideally keep a written record of the questions asked and your answers.

Mistake 6: Using Someone from Your Care Home

Example: Asking a care home manager who knows you well to be your certificate provider.

Why It Fails: Care home staff have a conflict of interest due to their employment relationship.

Fix: Choose someone completely outside the care organisation—a friend, or an external professional like a solicitor.

Mistake 7: Incomplete or Illegible Certificate Section

Example: Certificate provider forgets to include their full address, or their handwriting is illegible.

Why It Fails: The OPG cannot verify the certificate provider's identity and eligibility.

Fix: Complete Section 10 fully and legibly. Consider typing information if handwriting is unclear, or use block capitals.

How to Choose the Right Certificate Provider

Choosing the right certificate provider requires balancing eligibility, cost, and appropriateness for your circumstances. Follow this framework to make an informed decision.

Step 1: Check Eligibility

List all potential candidates:

Knowledge-based candidates:

  • Friends who have known you 2+ years
  • Neighbours you've known 2+ years
  • Current or former work colleagues (2+ years)
  • Club or organisation members (2+ years)

Professional candidates:

  • Your GP
  • A solicitor
  • Your social worker
  • Other registered healthcare professionals

Cross off anyone who is:

  • Family (yours or your attorneys')
  • Connected to your attorneys through marriage, partnership, or business
  • Employed by you or your attorneys
  • Connected to your care home or care providers
  • Under 18

Step 2: Consider Practical Factors

Choose Knowledge-Based If:

  • You have a friend, neighbour, or colleague who meets the 2-year requirement
  • You want to save £50-£300 in professional fees
  • Your LPA is straightforward with no complex instructions
  • You're confident your LPA won't be challenged in future

Choose Professional If:

  • You don't have anyone suitable who has known you 2+ years
  • Your LPA is complex (many instructions, restrictions, or multiple attorneys)
  • You anticipate the LPA might be challenged by family members
  • You want professional documentation and processes in case of future disputes
  • You're already using a solicitor to draft your LPA

Step 3: Have the Conversation

Once you've identified your preferred certificate provider:

  1. Approach them and explain the role
  2. Share GOV.UK guidance or this article so they understand the responsibility
  3. Confirm they're comfortable having a private conversation and asking questions
  4. If they're a professional, confirm their fee and when payment is due

Be clear about what's involved. Certificate providers must be willing to ask potentially uncomfortable questions and form a genuine opinion about your understanding and freedom from pressure.

Step 4: Plan the Signing

Coordinate the logistics:

  • Schedule a time when the certificate provider can meet with you privately (without attorneys present)
  • Arrange for them to sign Section 10 immediately after you sign Section 9
  • Coordinate with your attorneys to sign shortly after (ideally same day)
  • Ensure all dates are in the correct sequence

If you're signing by post, provide clear instructions about the required order and dates.

Decision Framework

Your Situation Recommended Type Reason
Simple LPA, friend of 5 years available Knowledge-based Saves money, friend is suitable
Complex LPA with multiple instructions Professional solicitor Worth the fee for expertise
No suitable friends, moved recently Professional GP or solicitor Professional qualification substitutes for 2-year relationship
Concerned about family challenges Professional GP or solicitor Professional documentation provides stronger evidence
Two straightforward LPAs, tight budget Knowledge-based Same person can certify both for free

Final Recommendation

Choose the certificate provider who is both eligible and appropriate for your circumstances. Don't automatically assume you need a professional—a knowledgeable friend who has known you for years is just as valid legally.

But equally, don't avoid professional help if your situation is complex or you anticipate future challenges. The certificate provider's role is to protect your interests, and sometimes that protection is worth paying for.

Frequently Asked Questions

Q: Can a family member be a certificate provider for my LPA?

A: No, family members cannot act as certificate providers for your LPA. This includes spouses, civil partners, children, parents, siblings, in-laws, and step-relatives. The certificate provider must be impartial and independent from both you and your attorneys to ensure there's no conflict of interest. You must choose either a knowledge-based provider (someone who has known you for at least 2 years) or a skills-based professional (like a solicitor, GP, or social worker).

Q: What's the difference between knowledge-based and skills-based certificate providers?

A: Knowledge-based certificate providers are people who have known you personally for at least 2 years, such as friends, neighbours, or colleagues. They typically don't charge a fee. Skills-based (professional) certificate providers have relevant professional expertise, such as solicitors, GPs, social workers, or independent mental capacity advocates. They can charge fees (typically £50-£300 per LPA) but are expected to have higher skills in assessing mental capacity and documenting the process.

Q: How much does a professional certificate provider charge?

A: Professional certificate provider fees vary widely across the UK. Typical charges range from £30 to £300 per LPA document, with many solicitors charging around £50-£95 plus VAT. Some GPs may charge similar fees as part of their private services. Knowledge-based certificate providers (friends or colleagues) typically provide this service for free, making them a cost-effective option if you have someone suitable who has known you for at least 2 years.

Q: Can my certificate provider also witness my LPA signature?

A: Yes, your certificate provider can also act as a witness to your signature if they are over 18 and are not the donor themselves. However, the LPA forms must be completed in the correct signing order: you (the donor) sign first in Section 9 with a witness present, then the certificate provider signs Section 10, and finally your attorneys sign their sections as soon as reasonably possible after the certificate provider—ideally on the same day.

Q: What happens if I choose an ineligible certificate provider?

A: If you choose someone who isn't eligible to be a certificate provider, the Office of the Public Guardian (OPG) will reject your LPA application. This means delays of several weeks or months, and you'll need to complete a new application and pay the £82 registration fee again (£92 from November 2025). In 2023-24, the OPG rejected over 50,900 LPA applications, with ineligible certificate providers being one of the common reasons. Always verify eligibility before asking someone to act as your certificate provider.

Q: Does my certificate provider assess my mental capacity?

A: No, the certificate provider's role is different from a formal mental capacity assessment. They confirm that you understand the LPA and what it means, that you're making it of your own free will without pressure or coercion, and that there's nothing that would prevent the LPA from being created. While they should ask questions to check your understanding (such as "What is an LPA?" and "What powers will your attorneys have?"), they're not conducting a clinical capacity assessment like a medical professional would for complex cases.

Q: Can my GP refuse to be my certificate provider?

A: Yes, your GP can decline to act as your certificate provider. Certificate provider services are typically private (non-NHS) services, and GPs are not obligated to provide them. Some GP practices don't offer this service at all, while others charge fees (often £50-£150). If your GP declines, you can approach another professional with relevant skills (solicitor, social worker, registered healthcare professional) or choose a knowledge-based certificate provider who has known you for at least 2 years.

Conclusion

Key takeaways:

  • Your certificate provider must be completely independent—no family members, no connections to your attorneys, no conflicts of interest
  • You have two options: knowledge-based (someone who has known you 2+ years) or skills-based (a professional like a solicitor or GP)
  • Knowledge-based certificate providers typically don't charge, while professionals charge £50-£300 per LPA
  • The signing order matters: you sign first (Section 9), then the certificate provider (Section 10), then your attorneys
  • Common mistakes—wrong person, wrong order, missing information—cause over 50,000 rejections per year, each costing another £82-£92 and 8-10 week delay

Choosing the right certificate provider isn't about finding someone impressive—it's about finding someone eligible, independent, and capable of having an honest conversation with you about your LPA. Whether that's a trusted friend you've known for years or a professional with relevant expertise, the key is ensuring they understand the responsibility and can fulfil it properly.

Need Help with Your Will?

Understanding certificate provider requirements is essential for completing your LPA correctly. But LPAs only deal with decisions while you're alive—your will determines what happens to your estate after you die. Most people who create LPAs also need a will to ensure complete protection for their assets and family.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

Sources: