The law prevents an employee or partner of an attorney from being a certificate provider. This doesn’t appear to prevent one employee of a firm from certifying an LPA appointing another employee of the firm as attorney (it’s a traditional partnership rather than a company).
Does anybody know if the OPG take any extra-statutory objection to this or is it acceptable?
(Incidentally, I see this question was asked in May 2024 but that didn’t receive any replies).
I’m not aware they even check based on some of the LPAs I see!
If this came across my desk I’d suggest it’s acceptable. I’d file the LPA to the OPG with a covering letter.
Richard Bishop
I would be reluctant to proceed on the basis that the OPG doesn’t necessarily check the position. If a “sampling” turns up that the certificate provider was not competent to act, this could cause professional embarkment and, perhaps, censure.
If done right in the first place, there should be no risk of repercussions.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
Hi Paul
I’m satisfied that it is within the letter of the law; it is just a little out of the ordinary and I was concerned that the OPG might take an extra-judicial objection where both certificate provider and donor are employees of the same firm.
(I am used to dealing with the Charity Commission who sometimes go beyond the strict letter of the law - usually well intentioned but not always correct).
I agree with you, Andrew.
I presume that the reason why and employer cannot certify and employee’s LPA or vice versa is because of the connection that exists between them.
Employees on the other hand certifying each others LPA is just like close friends doing so.
In my experience it is possible the OPG will take issue with it if they make the connection notwithstanding as you say it falls within the letter of what is permitted.
Paul Davies
Clarke Willmott LLP