Who can advise an Attorney about their role?

We are happy to offer advice and guidance to an Attorney, and detailed advice and guidance is also available from The Office of the Public Guardian. 

The people involved are:

You are the person giving the lasting power of attorney (called the Donor in the document). To complete your lasting power of attorney, you need- 

• at least one person to act as your attorney 

• at least one certificate provider 

• at least one person to be told or a second certificate provider 

• at least one witness. 

Your attorneys are the people you want to make decisions for you. Attorneys do not have to have any legal knowledge or training. You must have at least one attorney, and you can have as many as you like. 

Your replacement attorney(s) are the people you want to make decisions for you when your attorney(s) cannot act for you anymore.  You don’t have to appoint any replacement attorneys, but you can have as many as you like. 

The ‘people to be told’ are adults who know you well. Before your lasting power of attorney is registered, the ‘people to be told’ are given an opportunity to raise any concerns or objections. Your attorney(s) or replacement attorney(s) cannot also act as a person to be told. You do not have to have any ‘people to be told’, but you can have up to five. If you don’t have any, you must have two certificate providers. 

A certificate provider is an independent person who is able to confirm that you understand the significance of your lasting power of attorney. They must have known you well for at least two years, or have relevant professional skills to enable them to confirm that you understand the significance of your lasting power of attorney (for example, your GP or solicitor or in our case your Will writer). They also need to certify that no undue pressure or fraud is involved in the making of the lasting power of attorney. Your attorney(s) or replacement attorney(s) cannot also act as a certificate provider. A person to be told can act as a certificate provider. You must have at least one certificate provider. If you decide not to have any people to be told, you must have two certificate providers. 

Independent witnesses are people who see your lasting power of attorney being signed, and who then sign themselves to confirm that it was signed in their presence.  When you sign at the end of part A your signature must be witnessed. Your certificate provider or person to be told can act as a witness. Your attorney(s) or replacement attorney(s) cannot act as a witness. When your attorney(s) sign part C their signature(s) must be witnessed. Another attorney, your replacement attorneys, or a certificate provider can also act as a witness to the attorney’s signature.