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POA- certificate provider, related?

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  • POA- certificate provider, related?

    We are having a problem identifying a certificate provider. The donor lives in a care home and has lost touch with all neighbours & friends. Care home staff are disqualified as certificate providers,

    One of the potential attorney's (brother of donor) daughter in law would be a good choice (having known the donor for several years and also as a doctor), but I think this DiL relationship to the potential attorney would disqualify her?

    If a different brother was chosen as attorney, then would the more distant relationship (wife of nephew) still disqualify her as certificate provider?
    What about relationship with donor (also wife of nephew). Is that a problem?
    Tags: None

  • #2
    I think that the forms set out clearly who is disqualied, and if a person is no listed, they are not disqualified.

    Comment


    • #3
      Originally posted by dslippy View Post
      I think that the forms set out clearly who is disqualied, and if a person is no listed, they are not disqualified.
      Well the form says this:
      Restrictions : the certificate provider must not be:
      -a member of the donor's family or of one of the attorneys' families, including husbands, wives, civil partners, in-laws and step-relatives

      So I suppose what I was asking for was a legal definition of 'family'. Would that include a nephew's wife? How distant do you have to be until you are no longer family?

      Comment


      • #4
        As you are uncertain you could follow the advice at A10 of the guide to completing the forms:
        If you’re not sure if someone’s allowed to be your certificate provider, you can contact us at customerservices@publicguardian.gov.uk or by calling 0300 456 0300.

        Comment


        • #5
          I have not been able to find the definition. I will look again.

          Comment


          • #6
            See The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007

            at
            https://www.legislation.gov.uk/uksi/...ulation/8/made
            regulation 8(3)
            Which merely leaves the question undefined.

            Comment

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