GUIDES
An eligible certificate provider is required for an LPA. A separate capacity opinion may help resolve genuine doubt; the same competent, eligible professional may perform both roles.
Author: Nellie Supports Ltd
Publication Date: 15/05/2026
GOV.UK, Make, register or end a lasting power of attorney. Available at: https://www.gov.uk/power-of-attorney
Copywright © 2026 Nellie Supports Ltd. All rights reserved.
This article is made available for general information, education and professional reference. It may be downloaded, printed and shared for non-commercial purposes, provided that it is reproduced in full, is not altered in any way, and is properly cited as the work of Nellie Supports Ltd. This material must not be edited, adapted, sold, republished, incorporated into commercial products, or used for commercial training, assessment, report-writing or advisory services without prior written permission from Nellie Supports Ltd.
This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms.
An eligible certificate provider is required for an LPA. A separate capacity opinion may help resolve genuine doubt; the same competent, eligible professional may perform both roles. The sections below explain the evidence, practical steps and limits of the assessment or process.
An LPA requires an eligible certificate provider. A separate capacity opinion may help where genuine doubt remains, using a professional competent for the decision and the donor’s needs. Certificate eligibility and assessment competence are distinct requirements, although one person can perform both roles if suitable and eligible. A diagnosis, large estate or possible objection does not automatically make a separate privately commissioned report compulsory.
Asking who can assess capacity for an LPA usually merges two different roles. The certificate provider, required on every instrument, confirms the donor's understanding and freedom from pressure at signature. A capacity assessor, instructed where doubt exists, conducts a formal decision-specific assessment and produces a report. The certificate is a statutory safeguard; the assessment is evidence, and knowing which the situation needs is the first half of answering the question.
The certificate provider must be either someone who has known the donor personally for at least 2 years or someone with relevant professional skills, such as a solicitor, registered social worker or doctor, and certain people are excluded, including the attorneys, family members of the donor or attorneys, and connected business or care home figures. Our separate guide on the certificate provider role covers this fully; the present point is that eligibility to certify is not the same as competence to assess.
Where further evidence is needed, choose someone competent to assess the donor’s capacity for the actual instrument under the Mental Capacity Act, support communication and explain their reasoning. Relevant professionals may include social workers, doctors, psychologists or nurses, while solicitors also assess clients’ ability to give instructions within their competence. Check any professional and certificate-provider eligibility requirements separately.
The certificate provider must be personally satisfied about the donor’s understanding, absence of fraud or undue pressure and any other obstacle to creation. Further assessment or advice may help resolve specific uncertainty. It is not automatically required for every diagnosis, disagreement or substantial estate, and a separate report cannot substitute for an eligible provider’s own judgment.
Ask the solicitor or existing care professional whether they can address the question within their expertise and availability. A GP or independent professional may contribute relevant evidence depending on the issue. No profession or employment model guarantees a stronger report. A medical question, communication barrier or complex instrument may require combined input rather than a general hierarchy.
The right assessor also depends on the donor. Dementia presentations, learning disability, communication impairments and fluctuating conditions each reward assessors experienced with that presentation, able to adapt method, time visits well and evidence the practicable steps taken. Where the instrument is one strand of wider planning, a will, gifts, a property transaction, an assessor competent across those decisions can assess them together, catching each at the same moment whilst keeping the analyses separate.
Whoever assesses should stand outside the instrument's beneficiaries. An assessor introduced and briefed solely by the proposed attorney, or connected to those who gain from the arrangement, invites the very challenge the assessment exists to prevent. The assessor should see the donor alone, state in the report how the instruction arose and be demonstrably willing to conclude that capacity is absent, because an assessment that could only ever have said yes protects nobody.
Coordinate any further opinion with the actual instrument and signing date, taking account of fluctuation and support. The eligible certificate provider must form their own opinion at certification; where that person also undertakes a separate assessment, make both responsibilities clear. If dates or circumstances change materially, consider whether earlier evidence still addresses the decision.
Identify whether the task is the statutory certificate, a further capacity opinion or both. The same person may perform both if eligible and competent; two different people are not universally required. Agree the instrument, dates, evidence, support and limits, and ensure the certificate addresses all matters the law requires.
No. A diagnosis alone does not establish incapacity. For a Mental Capacity Act decision, provide practicable support, examine understanding, retention, use or weighing and communication, then explain whether any inability is caused by an impairment or disturbance of mind or brain. The conclusion is specific to the decision and time.
Useful evidence will depend on the facts, but it commonly includes draft or registered LPA documents, OPG correspondence, solicitor notes, family background, medical records and information about any concerns regarding pressure, coercion or fluctuating capacity. The assessor should record which documents were reviewed and separate direct observations from information supplied by others.
Use an independent professional assessor where the donor has a diagnosis affecting cognition, where relatives may object to registration, where the estate is significant, or where the certificate provider wants professional evidence standing behind their confirmation. A conclusion about one decision does not establish capacity for another.
The related pages below explain connected decisions, evidence requirements and legal processes.
Before seeking a report, write down the exact decision, relevant date, reason for concern and intended use. Gather the documents that explain the real options and any communication needs. Check any required form or court direction, agree the scope and total fee, and clarify how missing evidence or further questions will be handled.
A GOOD PLACE TO START
Tell us what is happening and what you need help with. We will listen, explain the options and help you find the right starting point.