Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department is taking to ensure that a certificate provider for a Lasting Power of Attorney application is aware their role is to ensure the donor understands the information relevant to the decision, can retain that information, and use or weigh up that information as part of the process of making the decision.

The certificate provider is a crucial safeguard during the creation of a lasting power of attorney (LPA). They sign to state that the person making the LPA understands it, is not being pressured into making it and there is no evidence of fraud. A modernised LPA service must provide additional support to certificate providers, so they are confident and mindful of their role, including the part the functional test (understanding, retaining, weighing and communicating information relevant to the decisions made) plays in carrying out that role.

My department is therefore considering the best way to achieve this, including potential changes to the certificate that is signed, the forms more generally and supporting guidance. Testing and iterating any changes with stakeholders and users will be critical to ensure we achieve the core aim that the certificate provider understands what they need to do and has confidence taking on the role.