There seems no explicit requirement for the Donor and the Certificate Provider to physically meet in order to allow the CP to make his/her enquiries and judgements and then (if appropriate) sign the certificate.
In circumstances where a solicitor has met his client but that client is unavoidably out of the country and cannot attend the signing meeting, can the CP perform his duty to discuss the LPA etc with the client over the phone?
Not desirable, I know, but possible? I haven’t found any guidance in the OPG publications or the Law Society practice note. My view is that it is possible, but if the LPA were challenged, the CP - and perhaps the LPA itself - may be less secure than otherwise.
What do forum members think?
Thackray Williams LLP