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Can a family member be my certificate provider?

Last updated 22 August 2026

No. A family member of the donor cannot be the certificate provider, even if the surname is different. A family member of any attorney is also disqualified.

The rule

Under SI 2007/1253 regulation 8, a family member of the donor is disqualified from acting as certificate provider. The OPG confirms this applies even where the family member has a different surname, for example a married daughter.

Family members of attorneys

A family member of any attorney or replacement attorney is also disqualified. This catches, for example, the spouse of an attorney.

What to do instead

Choose someone who has known the donor personally for at least 2 years and is not a family member of anyone involved, or a professional who qualifies on skills. If an ineligible certificate provider has already signed, the whole form must be re-executed from section 10 onwards.

Frequently asked questions

Can my son in law be my certificate provider?

No. He is a family member of your attorney if your child is your attorney, and a family member of the donor in any case.

Does it matter that we have different surnames?

No. The OPG applies the rule regardless of surname.

Related guides

Who can be a certificate provider?Can two attorneys witness each other's signatures?

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LPA Check is not a firm of solicitors and is not regulated by the Solicitors Regulation Authority or any approved regulator under the Legal Services Act 2007. We are not a government agency and are not affiliated with any government department. We do not provide legal advice. We do not hold professional indemnity insurance.

Our service is a document check. We review your answers against the Office of the Public Guardian's published requirements and the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007. We do not assess mental capacity. Capacity is a matter for the certificate provider. We are not your certificate provider and cannot act as one.

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Because we are not regulated by the SRA, you do not have access to the Legal Ombudsman or the SRA Compensation Fund. Your statutory rights and the small claims process are unaffected. Our complaints procedure is here.

Information correct as at 22 August 2026. Forms, fees and OPG processing times change. Always check GOV.UK.

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