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POWER OF ATTORNEY

Foto de POWER OF ATTORNEY

06 Marzo, 2015

Escrito por Dr Crespo

POWER OF ATTORNEY

This guide do not substitute professional advice, which we will be happy to provide on request.


What is a Power of Attorney?
A Power of Attorney is a formal legal document by which you give someone else the power to do certain things on your behalf.

Why do I need a Power of Attorney?
Under Spanish law many documents that, in this country, would simply be signed in front of a witness need to be signed, in Spain, in front of a Notary Public.

It is often inconvenient for the parties to attend in person before the Notary.

They will often, therefore, decide to grant a Power of Attorney in this country, authorising a named person to sign on their behalf in Spain.

In Spain there are also certain things that can only be done on your behalf by somebody having a Power of Attorney. Many of these do not need a Power of Attorney when they are done in England. These include the conduct of a court case by a solicitor and the signing of title deeds.

For these and other reasons Powers of Attorney are much more likely to be needed in Spain than they are in this country.

How can I make a Power of Attorney valid for use in Spain?
The simplest method is to have us prepare a suitable document, nominating the person whom you wish to appoint as your Attorney and giving him the appropriate powers to enable him to deal with your affairs.

That document - drafted in Spanish and with a translation into English for your use - can then be signed in front of any Notary Public. Notaries are to be found in most major English towns.

Whom should I appoint as my Attorney?
The person whom you appoint will have the power to undertake a considerable number of tasks on your behalf.

Sometimes the powers will be extensive.

The person appointed must, therefore, be somebody in whom you have confidence.

Because the tasks will need to be performed in Spain and, generally, over a protracted period then it is usually necessary - or at least highly desirable - that the person appointed should live in Spain.

We normally recommend the appointment of one of our Spanish Lawyers. They are Spanish lawyers answerable to their professional college and under a duty to act in accordance with your - their client's - instructions.

What happens after I have signed the Power of Attorney?
The document must be authenticated for use in Spain. This is done by the Foreign & Commonwealth Office in London.

The document then needs to be delivered to the person in Spain who has been appointed as the Attorney. Because of the expense of preparing the document we recommend that it is sent by courier rather than by post.

What if I want to cancel the Power of Attorney?
Notifying the person who has the Power of Attorney that you wish to cancel the arrangement is enough to bring the power to an end.

If there is any dispute between you and that person, or if you think that the person may wish to use the power fraudulently even though it has been cancelled, then it is sensible for the cancellation to be undertaken more officially.

We can arrange for this if it is necessary to do so.

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