Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department is taking to ensure that those acting under a valid and registered Lasting Power of Attorney are not subjected to (a) disproportionate and (b) burdensome additional evidential requirements by (i) banks and (ii) other third party organisations.

Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)

Banks and other financial institutions are required to follow the requirements under the Money Laundering Regulations 2017, the Immigration Act 2017 and the Sanctions and Money Laundering Act 2018. The Ministry of Justice has worked with UK Finance and other stakeholders to review the extent of customer identification evidence required by banks and other third-party organisations to meet these requirements in relation to attorneys acting under a Lasting Power of Attorney (LPA) and deputies acting under a court order.

Following a public consultation by HM. Treasury in Spring 2025, amendments were made to guidance issued by the Joint Money Laundering Steering Group (JMLSG). The amended guidance clarified the evidence that financial firms should request to confirm the identity of an attorney or court appointed deputy and the legal authority granted to them to access one or more accounts.

In December 2025, UK Finance issued a practice note for financial institutions which summarises the customer due diligence requirements that financial firms should take when registering an attorney appointed under an LPA or a court appointed deputy.

The changes to the JMLSG guidance and the UK Finance Practice Note should standardise the evidential requirements and make the identification process less burdensome for attorneys and court appointed deputies.

The Department and UK Finance will continue to monitor the situation.