LPA Acting as the Certificate Provider: Getting It Right

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The certificate provider is the ultimate safeguard against a donor signing an LPA where they do not have capacity or are acting under the undue pressure of another person, and yet there remains no formal guidance and case law is not always reported. This session will explore the role of the certificate provider and how to get it right. It will cover:

• Who can be the certificate provider
• Case law on who cannot be a certificate provider
• The consequence of being ‘unqualified’
• Is it an assessment of capacity under s2 or merely understanding?
• What is meant by undue pressure?
• How to undertake a robust assessment

Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer