Our Practice Advice Service answers a common question about acting as a certificate provider and drafting LPAs.

My firm is in the process of setting up a trust corporation of which I am to be a director. The trust corporation will be available, for example, to be appointed attorney by clients giving lasting powers of attorney (LPA) for property and financial affairs. May a colleague in our private client department draft the LPAs for this purpose and act as certificate provider?

The choice of attorney, as well as the certificate provider, is clearly a personal decision for the donor, but it is important for you to advise the donor of the various options available.

Solicitors are one of the professional groups permitted to act as a certificate provider.

However, you must ensure, on the facts of the particular case, that you do not fall into one of the excluded categories.

In particular, you cannot provide a certificate if you are:

  • under 18
  • a member of the donor’s or attorney’s family
  • a business partner or paid employee of the donor or attorney(s)
  • an attorney appointed in this or another LPA or any EPA made by the donor
  • the owner, director, manager or an employee of a care home in which the donor lives or their family member
  • a director or employee of a trust corporation appointed as attorney in this LPA

Therefore, the rules do not preclude a fee-earner in your firm acting as certificate provider where the trust corporation is being appointed as attorney, provided that the certificate provider is not a director or employee of the trust corporation. 

For further information, see the Law Society’s practice notes on trust corporations and lasting powers of attorney.

Disclaimer

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such.

The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

This article is compiled by the Law Society’s Practice Advice Service. Comments relating to the questions should be sent to practiceadvice@lawsociety.org.uk