References

Griffith R Health and care lasting power of attorney: key features. Br J Nurs. 2024; 33:(19)944-945 https://doi.org/10.12968/bjon.2024.0370

Nursing and Midwifery Council. 2018. https://www.nmc.org.uk/standards/code (accessed 11 December 2024)

The role of a certificate provider for a lasting power of attorney

13 January 2025
Volume 34 · Issue 1

Alasting power of attorney (LPA) is a legal instrument that allows an individual (the donor) to designate another person (the attorney) to make decisions on their behalf in the event they lose capacity (Griffith, 2024). As part of creating and executing an LPA, a certificate provider is required and plays a key role in confirming that the donor has understood the purpose and implications of the LPA, and that the decision to execute an LPA has been made free from undue duress (Mental Capacity Act 2005, schedule 1 paragraph 2(1)(e)). Registered nurses, who are often in a position to act as a certificate provider, must understand the requirements of the role to ensure that the person's autonomy and human rights are protected.

This article considers the role of the certificate provider and outlines the duties of the role and the implications for nurses undertaking the role under the Mental Capacity Act 2005.

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