Attorneys play a pivotal role in navigating the complexities of the legal landscape. With their expertise and dedication, they advocate for justice, ensuring that every individual's rights are upheld. Their vast knowledge of the law empowers clients and instils confidence, making them invaluable allies in times of need. Understanding the nuances of legal representation can significantly impact your experience, guiding you through challenges with clarity and support.
Your attorney must be at least 18 years old and can be a relative, friend, or professional, such as a solicitor, spouse, or partner. It is crucial to choose someone with the mental capacity to make decisions.
When selecting an attorney, evaluate how effectively they manage their affairs, including their finances, how well you know them, and whether you trust them to make decisions that serve your best interests. Additionally, consider their willingness to take on this critical responsibility on your behalf.
Replacement attorneys
If your attorney(s) are no longer able to stand on your behalf, this could be because they no longer have the mental capacity, are deceased, or are no longer willing to act as your attorney. That is when replacement attorneys come into action, so including replacement attorneys on your application is vital.
The Certificate Provider
Section 10 of the Lasting Power of Attorney (LPA) for Property and Finance & Health and Welfare.
A certificate provider is an impartial individual who verifies that the donor understands the implications of establishing a Lasting Power of Attorney (LPA) and is not being coerced.
To qualify, the certificate provider must be at least 18 years old. They may be a friend, colleague, or someone who has known the donor well for at least two years. They may also have relevant professional qualifications, such as those held by registered healthcare professionals, solicitors, registered social workers, or independent mental capacity advocates (IMCAs). A cousin of the donor or attorney may also serve in this role.
Individuals who cannot serve as certificate providers include attorneys or replacement attorneys for the LPA, family members of the donor or attorneys, partners of the donor or attorneys, business partners, employees of the donor or attorneys, and employees or managers of a care facility where the donor resides. Furthermore, individuals associated with a trust corporation appointed as an attorney in a financial LPA are excluded.
The certificate provider must confirm that the donor understands the significance of the LPA, has not been pressured to create it, that no fraud has occurred, and that there are no other concerns. The certificate provider should discuss the LPA privately with the donor, away from the presence of attorneys or others, before signing their acknowledgement.
Note: Certificate provider section 10 should be signed only after the donor has signed Section 9.
If you need support, please contact us, and we will be happy to help. If you require an application form, please do not hesitate to contact us and request one. We will print it and send it to you by post.