WHAT IS A POWER OF ATTORNEY?
A Power of Attorney is known as ‘Escritura de Poder,’ or ‘Poder Notarial’ in Spanish.
A Power of Attorney is a legal document or written authorisation that must be signed in front of a Notary by which you empower an experienced and trustworthy person to act on your behalf in legal matters or transactions.
WHY YOU NEED A POWER OF ATTORNEY?
POA allows your attorney or person you want to act on your behalf to:
–Buy
–Sell
-Inherit
– Deal with taxes and bank accounts
– Take court actions in Spain.
Reuters Solicitors can assist you in all your legal matters.
WHY IS CONVENIENT TO ARRANGE A POWER OF ATTORNEY?
A Power of Attorney is a practical way of allowing your Spanish lawyer to undertake tasks and sign documents on your behalf so you don’t have the annoyance of having to attend in person to sign or authorise each part of the transaction.
Moreover, a Power of Attorney is convenient when you do not wish or it is impossible to travel to Spain.
We recommend to hire the service of a lawyer to deal with legal matters or transactions in Spain because Spanish Law is different from your home country so legal matters can be a complex and difficult issue to understand. You need a solicitor whose communications can be fluid and clear.
WHERE CAN YOU DO A POWER OF ATTORNEY?
In Spain: If you are able to travel to Spain, you can grant a POA before a Spanish Notary Public. The document will be written in Spanish so if you are not fluent yourself you will need someone to translate it for you.
To grant a POA in Spain it is usually the fastest and cheapest option.
Reuters Solicitors will prepare the draft POA with the Notary and a member of the team will accompany you to the Notary after making an appointment.
In your home country: If you cannot come to Spain, you can make a POA in your own country by visiting a Notary Public.
Reuters Solicitors in Spain will draft the document in a bilingual version so that the notary can identify parties, witness you signing the document and give faith about it.
HOW CAN YOU GRANT A POWER OF ATTORNEY?
In a first legal consultation one of our solicitor will solve all your questions and we will discuss all your requirements. Reuters Solicitors will give you legal assistance in order to draft a Power of Attorney according with the faculties your needs due to your circumstances (We will ask who you need to give Power of Attorney to and what you would like them to be able to do on your behalf).
- If you legalize the POA in Spain, Reuters Solicitors will prepare the draft POA with the Spanish Notary and a member of the team will accompany you to the Notary after making an appointment.
- If you legalize the POA in your home country, the process will be as follows:
Reuters Solicitors drafts the Power of Attorney in double column, English and Spanish, so that you know exactly what powers you are signing over to our lawyer/s. Moreover, this form will save you money as you will not need a ‘Sworn’ translator of the document.
The draft POA will be ready in less than 24 hours! This is our new service for clients! You can read more through this link:
We will provide the draft POA in Word.docx format for ease of signing and dating. We will identify a local notary and arranging an appointment for the signature of the document, if it is necessary for you.
Once you are happy with who you are appointing as your Attorney/s and the powers you are giving them, your signature of the document will need to be witnessed by a Notary Public. The Notary will need to identify you and make sure you understand and you are able to grant the Spanish Power of Attorney.
Once you have signed the document, the witnessing Notary’s signature will be formally needed and recorded. A photocopy of the client´s passport should be also included at the POA which has to be witnessed and signed by the Notary Public.
The process of legalisation involves sending the Spanish Power of Attorney to the Foreign and Commonwealth Office in London or Milton Keynes with correct pre-payment and a request for The Hague Apostille to be attached to the Notarised document.
An Apostille (‘Hague Apostille’) is a certificate attached to the Power of Attorney that allows the document to be recognised in Spain immediately. It is important to say that the Power of Attorney will not be valid in Spain without the Apostille from the Hague (Convention of 5 October 1961). More information about The Hague Apostille through this link.
It is also possible to grant the Power of Attorney at the Spanish Embassy or Consulates. We do not recommend this option as it takes a long time to obtain an appointment at their offices.
Once the document has been legalised, it can be used for its purpose in Spain. The original POA will be sent to the attorney or person you want to act on your behalf.
Our bi-lingual solicitors can assist with each step of obtaining a Power of Attorney.
WHAT ARE THE ATTORNEY’S OBLIGATIONS?
It is mandatory for the lawyer to strictly follow the client/donor’s instructions and it is forbidden to act beyond the powers given in the Power of Attorney.
The attorney must render accounts to the donor and pay him any amount given to the lawyer by virtue of the power of attorney.
Regarding responsibility, the attorney would be responsible for any damage suffered to the donor as a result of the attorney’s negligence.
WHAT ARE THE DONOR’S OBLIGATIONS?
The donor is responsible for the acts of the attorney done, so the donor must fulfil any obligations to which the attorney has committed on the donor’s behalf.
The donor has the obligation to advance to the attorney any amounts which are necessary for the performance of the mandate.
WHAT HAVE YOU TAKE INTO ACCOUNT WHILE GRANTING A POWER OF ATTORNEY?
We want to highlight that it is essential that the client/donor understandsthe faculties he is empowering someone with. The power you grant has legal consequences and you need to strike a balance to ensure that your Attorney is not given unnecessarily wide Powers but can still deal effectively with your Spanish affairs.
Reuters Solicitors will solve all your questions before granting a Power of Attorney.
There are Powers of Attorney which include substitution clauses by which the attorney can name another attorney to act on client´s behalf.
HOW CAN A POWER OF ATTORNEY BE TERMINATED?
Powers of Attorney do not have an expiry date unless the client includes it. This is for practical reasons because there are cases where legal acts might take longer than expected (mostly cases at Court) and if the Power of Attorney expires before the legal issue is done it would be an inconvenient.
We will like to say that the donor can revoke the Power of Attorney and any time, it is convenient to him. This revocation must be done by granting a Deed of Revocation of Power of Attorney in front of a Notary Public.
The Power of Attorney will be also revoked by:
- The death or loss of the mental capacity of the donor.
- The death or loss of the mental capacity of the attorney.
If you need a Power of Attorney, please do not hesitate to contact us.
RELATED ARTICLES:
Hello
My mother, who is in UK, would like to grant power of attorney to her Sister (resident in Spain) to handle the sale of a property as she cannot travel. How much would you charge for double column drafting of the PoA and for executing all relevant processes that you are able to (I wasn’t clear if you take care of the Apostille from the UK Foreign Office or if I have to do that), and how quickly could you execute everything?
please get back to me as soon as possible at shillinglawkim@gmail.com
Dear Kim,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about how to grant a Power of Attorney. Please check your emails (and spam box).
Regards
I want to give my son who lives in the UK Power of Attorney . I live in Spainand am a widow. The Power Of Attorney I want is so that he can make decisions concernining my health and welfare in case I am mentally mentally or physically incapable. Is that a different type as I see the normal one is revoked if this happens.
Dear Linda,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about how to grant a POA. Please check your emails (and spam box).
Regards
My son lives and works in Spain and the family has recently bought a house there in which I have a share. I intend maximising the time I spend in Spain and would like him to act as my Power of Attorney in case I become incapacitated and cannot conduct my own affairs. This is a different type of PA from that which you have explained above. It would be equivalent to a Lasting Power of Attorney in the UK. Does such a legal document exist in Spain please?
Dear Pauline,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
Hello. My friend whom I have known for more than 20 years has been diagnosed with stage 4 Alzheimer’s disease and currently has to have 24-hour care. He has recently asked me to have Power of Attorney for him to assist him in dealing with the issues for the future. Can you advise me accordingly on what we should now do to progress this.
Dear Eric,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
Hi, My wife has just died, and we own an apartment in Spain, in joint names. I now have to put the apartment , and the joint Spanish bank account into just my name. What do I need to do. and what documents do I need, and what would the approximate cost be ? She had a Spanish Will, but it is in the apartment, and I don’t plan on travelling to Spain during this pandemic !
Many Thanks
Rick
Dear Rick,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
Hello, I need to give power of attorney temporary to a family member in Spain to act on my behalf on legal and financial matters needed after the death of my mother am unable to travel at this time. And I need to appoint someone to act on my behalf. Can you let me know if you are able to help set this up and the costs involved. Thank you.
Dear Delores,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
Hi. Friend of mine wants to open a brach of his company in Spain. The main office is based in Poland. It’s limited company. He was told that he would need an administrator who is a resident in Spain. Can he give power of attorney to a solicitor to represent his company so he doesn’t have to hire anyone for this position in Spain?
Dear Kasia,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
I am purchasing an apartment from my son’s father-in-law in Bilbao. I live in California and would like to complete the purchase before I go to Bilbao in the summer. Can you assist by being my Power of Attorney, to sign paperwork and get NIE within the next 3 months? If so, what is your fee for that? Thank you so much!!
Dear Robin,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
I need a Limited Power of Attorney drawn up for my father, currently residing in the States, who is authorising his brother in Spain to sell a property they jointly own. I know I can go to my state capital for the Apostille, so am not sure if that London business is required. Please advise on cost and how to proceed.
Thank you.
Dear Christy,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
I would like to be a partner in a company which is based in Spain. As I cannot travel to Spain, I would like a friend who is based in the Spain, the power of attorney to sign papers on my behalf. Would it be possible for you to quote me the price for the whole process without me travelling to Spanish embassy or FCO in Milton Keynes.
Dear Sir/Madam,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
Hello, my husband and I are interested in purchasing property in Valencia, Spain, which would be placed in the name of our family Trust. We live in the US but our daughter is in Valencia. How can we best obtain the power of attorney necessary to represent us and sign paperwork on our behalf? What would the cost be and how long would it take? THANK YOU
Dear Jennie and Randall,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
Hello, due to the ongoing pandemic we are not able to come to spain for the registration of the property that we bought in Altea. We need to give power of attorney to one of our friends to go to notary, register property in our name . We have an account in spanish bank . So the payment is made directly by us. Please let us know if we need to buy any stamp paper ? And what all powers to be given if he just has to go to sign in notary and get property papers in our name.
Thanks
Dear Sir/Madam,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
My parents, who are in UK, would like to grant power of attorney to a solicitor in Spain to handle the sale of a property as she cannot travel. How much would you charge for double column drafting of the PoA and for executing all relevant processes that you are able to and how quickly could you execute everything?
Dear Ian,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
Good afternoon. I am an investment professional located in the United States and have been asked for investment assistance that may require me traveling to Spain. I am seeking POA assistance. Could someone please call me at:
douglasrealty@sbcglobal.net
Thank you so much and I hope to hear from someone rather quickly.
Dear B. Douglas,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
Dear Sir/ Madam,
I have recently revoked a power of attorney from my estranged Spanish husband, when I found out that he had opened and closed accounts in my name for his transactions. How do I make the deed effective to protect my interests ( he didn’t respond to the warning)? How do I even know where he has used it? He is a businessman and I have no clue as to what my name was used for. Could you advice me on this? Thank you
Dear Malathi,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
Dear Sir / Madam
I live in the UK and visit my friend in Spain regularly. She has asked me to be POA. I can see some information about doing this in Spain at the Notary but don’t understand why this does not appear to extend if she was to become mentally incapacitated (which is exactly what she wants it for) So would we need to apply for something different? I see the LPA (which I believe would cover this) you could do in the UK would not be automatically recognised by the Spanish authorities Please could you advise. Regards Louise Bennett
Dear Louise,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
Hi, I would like information re power of attorney both my wife and myself live in Spain.
Dear Terry,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
Hello, I am seeking information about what needs to be done in the following situation:
My father-in-law is a Spanish citizen and has lived in the UK since 1969.
He is now mentally incapacitated with dementia.
He has savings in a Spanish bank account (Caixabank) and owns a flat in Las Palmas.
His two daughters need to gain power of attorney but it is too late for him to grant this. Could you please advise what steps will need to be taken?
Dear Martin,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Hello. We want to get a power of attorney for our daughter. We are buying a house in Spain and want the house in our daughters name as well but she won’t be able to get to spain when we go to the notary. Can you organise the power of attorney? We can get to the Spanish consulate in London if that helps
Dear Frances,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
My Mother was born in Spain and left Spain when she married my father, and moved to the UK. My mother has a Spanish birth certificate, she owns a property in Spain and has a bank account ect out there,
We sorted a LPA in the Uk for her a number of years ago, and never got around to sorting out a Spanish one.
My mother has now been diagnosed with dementia and we want to sort out POA so we can deal with the property and all issues that arise.
Can you help?
Dear Maria,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
Hi I live in UK and unable to travel. I need a power of attorney for a specific tasks to go to a notary in Barcelona to collect a cheque. I would give the power of attorney either to my nephew or to one of my friends.Is this possible and how much does it costs
Dear Elisabeth,
Thank you for contacting Reuters Solicitors. It will be a pleasure to assist you with this matter.
We will send you a private email with relevant information about the process. Please check your emails (and spam box).
Regards
Greetings,
I would like to give a power of attorney to a close friend of mine to carry out a legal process, since I am not be in Spain to carry out.
Could you please tell me of the procedure of giving the power of attorney online and the cost of it.
Thanks, Salem