Course description
The certificate provider is the ultimate safeguard against the donor signing an LPA where they do not have capacity or are acting under the undue pressure of another person. In 2023, the SRA fined a solicitor £6,000 for failing to understand their responsibilities when taking on the function.
Suitable for fee earners who advise and act as a certificate provider, this live and interactive session will explore the role of the certificate provider and the complex case law in this area so professionals can be confident in what they do, which protects the donor and themselves.
Expert speaker Caroline Bielanska will explore who can be a certificate provider, practical examples of how easy it is to be disqualified without realising it, the consequence of being disqualified, and more
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
The certificate provider is the ultimate safeguard against the donor signing an LPA where they do not have capacity or are acting under the undue pressure of another person.
In 2023, the SRA fined a solicitor £6,000 for failing to understand their responsibilities when taking on the function.
This training session will explore the role of the certificate provider and the complex case law in this area so professionals can be confident in what they do, which protects the donor and themselves.
It is suitable for fee earners who advise and act as a certificate provider.
What You Will Learn
This live and interactive course will cover the following:
- Who can be a certificate provider?
- Case law on who is disqualified
- Practical examples of how easy it is to be disqualified without realising it
- The consequence of being disqualified
- Understanding scope and purpose of the LPA v the functional test in section 3
- Case law on capacity to make an LPA
- What is meant by undue pressure?
- What questions need to be asked?
- Their role in the light of TA v The Public Guardian
Expenses
MBL Seminars Limited
MBL is a leading learning and development provider for professional service firms. Over the past 18 years, more than 198,000 people across 23,000 different organisations spanning 81 countries, have chosen us to deliver their training. With over 800 expert speakers...