Acting as a Certificate Provider in an LPA - The Role, Risks & Responsibilities

Introduction

The certificate provider is the ultimate safeguard against the donor signing an LPA where they do not have capacity or are acting under the undue pressure of another person. But even where the donor has capacity, the Court may decide that the LPA was not validly created as the certificate provider did not carry out the role properly. Legal professionals will be negligent if they fail to follow the regulations and case law. The SRA have been known to fine solicitors for failing to understand their responsibilities when taking on the function.

This training session will explore the role of the certificate provider and the complex case law in this area so professionals can be confident in what they do, which protects the donor and themselves.

It is suitable for fee earners who advise and act as a certificate provider.

What You Will Learn

This live and interactive course will cover the following:

• Who can be a certificate provider?
• Case law on who is disqualified
• Practical examples of how easy it is to be disqualified without realising it
• The consequence of being disqualified
• Understanding scope and purpose of the LPA v the functional test in section 3
• Case law on capacity to make an LPA
• What is meant by undue pressure?
• What questions need to be asked?
• Their role in the light of TA v The Public Guardian

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.