Lasting Power of Attorney Solicitor question

honved

Hope this is the right place to post this question.

My Mum is setting up an LPA, using a local solicitor (I live a long distance away). My sisters and I will be the attorneys.

The solicitor is insisting that he has a certified copy of our driving licenses, signed by a local (to me) solicitor. The solicitor cites money laundering regulations.

Now, I understand why the solicitor needs to verify my mum's identity, as she is paying for the solicitor's fees and the LPA. But why does he need my photo/address identity certified, when my identity will be independently verified and witnessed when I sign the LPA application?

I assume that my local solicitor will charge for the privilege?

I've checked the excellent government LPA website, and I cannot find any legal requirement for this additional identification.

Apart from the inconvenience involved, the photo on my license has expired, and the DVLA website has a technical fault that is preventing me from updating it online.

Any help gratefully received.

securityguy

honved wrote: »

Hope this is the right place to post this question.

My Mum is setting up an LPA, using a local solicitor (I live a long distance away). My sisters and I will be the attorneys.

The forms are really very straightforward, and there's no need to get a solicitor involved in the first place. That said...

The solicitor is insisting that he has a certified copy of our driving licenses, signed by a local (to me) solicitor. The solicitor cites money laundering regulations.

What absolute nonsense. Give him a minute and he'll try health and safety or data protection, those other two refuges of the charlatan.

honved

securityguy wrote: »

The forms are really very straightforward, and there's no need to get a solicitor involved in the first place. That said...



What absolute nonsense. Give him a minute and he'll try health and safety or data protection, those other two refuges of the charlatan.

I agree about the forms - the website is really good and clear, and it's only really completing some simple forms, but my Mum insists on using a solicitor

Yes, must admit I'm really baffled by this requirement. I understand why banks need it (though there's a debate about how useful it really is), but not in this case.

I'm also puzzled as to why they insist that the certification must be by a local solicitor, and not any other professional/independent/trusted individual. It all has the whiff of trying to extract a few extra quid for something that should be straightforward.

Mr_Toad

I recently took my Mum to the solicitors to amend her will and update some of her other financial stuff.

Her solicitor also asked for proof of ID from both Mum and myself as I am also her attorney.

It was explained that anything involving money where the solicitor or anyone else has the power to act for another person that they need to show HMRC due diligence in case at a later date those involved were found to be money laundering.

Have a look at http://www.hmrc.gov.uk/mlr/your-role/resposibilities.htm

I believe that they are also required to do this by law under the proceeds of crime act.

Savvy_Sue

DH came with me to a meeting about my father's will, and had to show ID ...

I think - you'd need to check - that a Commissioner for Oaths can check ID cheaper than a solicitor.

securityguy

Mr_Toad wrote: »

It was explained that anything involving money where the solicitor or anyone else has the power to act for another person that they need to show HMRC due diligence in case at a later date those involved were found to be money laundering.

Which is the sort of risk-aversion that gives the law a bad name. You don't need a solicitor in order to obtain a PoA. You don't need a solicitor in order to register a PoA. And you don't need a solicitor to execute and operate a PoA. Therefore, this particular piece of revenue collection by the legal trade will only trouble that special class of people who are unwilling or unable to fill in a simple form, and don't know anyone who could help them do so, but are at the same time willing and able to operate a large-scale money-laundering operation. Or, more accurately, no one at all.

Moral: fill the form in yourself. It's simple enough.