15/03/2022
There was a disturbing case reported by the BBC this morning (https://lnkd.in/egrWpA_T).
This involved the abuse of a lasting power of attorney (LPA). Relatives were able to use the document to access (indeed, to steal) the money of a vulnerable person.
A particular phrase jumped out at me from this news report: they “made the victim sign a lasting power of attorney in order to give them control of his money…”.
Speaking frankly, this should not be able to happen. The LPA has a safeguard built into the process which is designed to stop this.
This is the role of the certificate provider.
The certificate provider can be a someone who has known the donor personally for at least two years. Or it can be a person who has relevant professional skills (such as a solicitor). Whenever I am asked to act as a certificate provider, I am very careful when fulfilling this role. I am conscious of the importance of the role and the need to protect vulnerable individuals from being exploited.
I wonder how many members of the public are approached to act as the certificate provider, and do so without understanding their significance in the process? Do they speak with the donor on their own and establish that they understand the documentation and are acting without fraud or undue pressure?
Or do some people just ‘tick the box’ and sign the form without giving it much thought? I hope not, but this article suggests this could be happening behind closed doors. The drive to digitalise these documents and allow the public direct access without professional involvement makes it so much easier for anyone wishing to exploit a vulnerable donor.
The certificate provider is the last line of defence, the person who is supposed to act in the best interests of the donor (the vulnerable person in the BBC article). I think there is certainly an argument that this should only be able to be a professional person – someone who understands the role and the responsibility and acts to protect the donor where necessary.
If you have been asked to act as a certificate provider, you may find it helpful to look at our article about the role of the certificate provider, which goes into more detail on all of these points.
https://lnkd.in/eThvzknE
An exploration of the role of the certificate provider in the process of the creation of a lasting power of attorney