I am acting for a client under lasting powers of attorney for a client who has lost mental capacity.
The attorney is the daughter, who is an existing client, and all MLR compliant.
They are selling the old family home which has been rented out for some time (hence our involvement), and the conveyancing solicitor is now seeking to rely on our MLR check on the client on the basis that they tried running one on the client, but its failed for the obvious reason the old girl is in a care home and has nothing in her name, no passport and her driving licence long since rescinded.
Solicitors are adamant that the checks need to be made on the old girl and not the daughter and threatening to report us for failures in MLR policy on the basis we don’t have MLR proof on file they can rely on. Cheeky doesn’t come close!
I am adamant they need a certified copy of the LPA, and to ID the daughter and to back off my case.
Am I going Jan mad? Or does the solicitor need to wind their neck in?