Verifying Power of Attorney NSW

[Christiemurphy]

Hi

I have a client that is arguing with me as to why I need to verify the Registered Proprietor's Identification when she has a Power of Attorney.

I have had a look through the rules and the client is the person who appoints the conveyancer but the registered proprietor did not appoint me.

Can someone please tell me where it specifies that you have to identify the registered proprietor of the property or help me in the right direction.  Thanks.

I know i need to establish a right to deal is this where the identification comes into place.

[Osman_A]

Hi, listen to this:

http://www.lawcover.com.au/risk-on-air/ 

Choose number 12 (currently the latest podcast).

Essentially the standard base response is you do not need to VOI the registered proprietor in circumstances where there is a valid POA which allows (or does not limit) the Attorney to deal with property and you are taking instructions from the Attorney directly. You obviously need to VOI the Attorney and confirm with them that the POA has not been revoked (i.e. they have not received any written communication from the donor that the POA has been revoked).

However, if there are suspicious circumstances as outlined in the podcast, then you may need to VOI the proprietor as well. 

Hope that helps.