Attorney Powers

This topic contains 15 replies, has 8 voices, and was last updated by  katy 12 years, 11 months ago.

  • Author
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  • #51156

    Anonymous
    Participant

    Is it possible to pass the Power of Attorney to a spanish lawyer to allow a property to be purchased whilst still in the uk?

  • #58461

    Anonymous
    Participant

    You can grant power of attorney to any adult, as far as I know. It’s not uncommon to grant it to a local lawyer who can act for you, but you’ll need to trust him – it’s an awful lot of power you’re granting!

  • #58462

    Anonymous
    Participant

    Dear Sir,

    You can sign a power of attorney in UK following the instructions from your lawyer , if you sign it in english then it needs to be translated into spanish overhere , it is a good idea to sign it in Spanish even before an english notary public ( if they accept it ) and then apostille it although the ideal is to sign it to sign it at any Spanish Consulate.

    The alternative is to sign it when you come to Spain and meet who is going to be your lawyer, lawyers in Spain are reputable professionals and you can trust them absolutely (but don’t take the agencie’s lawyer) , 99% of my colleagues in the Costa del Sol are honest and good professionals so they should be in the Region of Murcia.

    Anyway in a power to buy you don’t give so much power to your lawyer, it is mainly buy a property , deal with the Tax Office, sign private documemts prioir or after the deeds and g the NIE for you, it shoulnd’t include any more.

    Regards,

    Jose María Sánchez Alfonso
    Lawyer / Abogado
    Málaga
    Costa del Sol,
    jmsalfonso@inicia.es

  • #58494

    Anonymous
    Participant

    @Independent wrote:

    Dear Sir,

    You can sign a power of attorney in UK following the instructions from your lawyer , if you sign it in english then it needs to be translated into spanish overhere , it is a good idea to sign it in Spanish even before an english notary public ( if they accept it ) and then apostille it although the ideal is to sign it to sign it at any Spanish Consulate.

    The alternative is to sign it when you come to Spain and meet who is going to be your lawyer, lawyers in Spain are reputable professionals and you can trust them absolutely (but don’t take the agencie’s lawyer) , 99% of my colleagues in the Costa del Sol are honest and good professionals so they should be in the Region of Murcia.

    Anyway in a power to buy you don’t give so much power to your lawyer, it is mainly buy a property , deal with the Tax Office, sign private documemts prioir or after the deeds and g the NIE for you, it shoulnd’t include any more.

    Regards,

    Jose María Sánchez Alfonso
    Lawyer / Abogado
    Málaga
    Costa del Sol,
    jmsalfonso@inicia.es

    I am sorry I cannot agree with your statement “lawyers in Spain are reputable professionals and you can trust them absolutely “. I was unfortunate to use a lawyer upon relocating from one Costa to the other and ended up with a legal “nightmare” which 12 months on is still no nearer to resolving. 🙁

  • #58507

    Anonymous
    Participant

    to the last comment, You probably made a wrong election of lawyer, but this could also happen in UK. I am sorry about the problems you had or have. I wish you good luck and success.

    To the main question, to the observations of my colleage Mr Alfonso I would add that the power of attorney should be limited to a certain period of time. However, think that nobody is going to buy a property for another person without receiving sufficient funds for it.

    About taking money from bank accounts, I recommend that the power of attorney entitles only to take nominatives bankers draft, but not cash, so you limit the risk if that person was dishonest.

    Good Luck
    Juan Bertomeu Vallés
    Real Estate& Planning Lawyer
    http://www.iurisconsulting.net

  • #59702

    Anonymous
    Participant

    Hello everybody. I am a new member to this group and am in the process of buying propertiers in Spain with a friend.

    Something interesting happened when I signed the Power of Attorney (POA). I signed with OTHER people, meaning that I am in a group of people all of whom have given POA to a single lawyer. Apparently the notary protects the business this way because if there are too many POA’s then another office should open.

    Does anybody know how I can withdraw from this POA, after completing on the purchase please. Once we are finished, I want to close this down – for myself – BUT NOT AFFECT the other people.

    Thanks

  • #59502

    Anonymous
    Participant

    Hello everybody. I am a new member to this group and am in the process of buying propertiers in Spain with a friend.

    Something interesting happened when I signed the Power of Attorney (POA). I signed with OTHER people, meaning that I am in a group of people all of whom have given POA to a single lawyer. Apparently the notary protects the business this way because if there are too many POA’s then another office should open.

    Does anybody know how I can withdraw from this POA, after completing on the purchase please. Once we are finished, I want to close this down – for myself – BUT NOT AFFECT the other people.

    Thanks

  • #59729

    Anonymous
    Participant

    @anonymous wrote:

    @Independent wrote:

    Dear Sir,

    You can sign a power of attorney in UK following the instructions from your lawyer , if you sign it in english then it needs to be translated into spanish overhere , it is a good idea to sign it in Spanish even before an english notary public ( if they accept it ) and then apostille it although the ideal is to sign it to sign it at any Spanish Consulate.

    The alternative is to sign it when you come to Spain and meet who is going to be your lawyer, lawyers in Spain are reputable professionals and you can trust them absolutely (but don’t take the agencie’s lawyer) , 99% of my colleagues in the Costa del Sol are honest and good professionals so they should be in the Region of Murcia.

    Anyway in a power to buy you don’t give so much power to your lawyer, it is mainly buy a property , deal with the Tax Office, sign private documemts prioir or after the deeds and g the NIE for you, it shoulnd’t include any more.

    Regards,

    Jose María Sánchez Alfonso
    Lawyer / Abogado
    Málaga
    Costa del Sol,
    jmsalfonso@inicia.es

    I am sorry I cannot agree with your statement “lawyers in Spain are reputable professionals and you can trust them absolutely “. I was unfortunate to use a lawyer upon relocating from one Costa to the other and ended up with a legal “nightmare” which 12 months on is still no nearer to resolving. 🙁

    I agree with my colleague. There are four or five law firms you ought to avoid in the CDS. PM Mark, the web administrator for details on them.

    Those 4 or 5 law firms are no more than 40 lawyers in Málaga province. We are nearly 4.000 lawyers in Málaga. As I’ve posted again and again, 1% of bad lawyers(=40) are giving the other 99% a tainted reputation.

    POA should always be very restricted to a given property etc.. I would seldomly give general powers to a lawyer. Same as in the UK.

    Bottomline is that POA ought to be specific.

  • #59529

    Anonymous
    Participant

    @anonymous wrote:

    @Independent wrote:

    Dear Sir,

    You can sign a power of attorney in UK following the instructions from your lawyer , if you sign it in english then it needs to be translated into spanish overhere , it is a good idea to sign it in Spanish even before an english notary public ( if they accept it ) and then apostille it although the ideal is to sign it to sign it at any Spanish Consulate.

    The alternative is to sign it when you come to Spain and meet who is going to be your lawyer, lawyers in Spain are reputable professionals and you can trust them absolutely (but don’t take the agencie’s lawyer) , 99% of my colleagues in the Costa del Sol are honest and good professionals so they should be in the Region of Murcia.

    Anyway in a power to buy you don’t give so much power to your lawyer, it is mainly buy a property , deal with the Tax Office, sign private documemts prioir or after the deeds and g the NIE for you, it shoulnd’t include any more.

    Regards,

    Jose María Sánchez Alfonso
    Lawyer / Abogado
    Málaga
    Costa del Sol,
    jmsalfonso@inicia.es

    I am sorry I cannot agree with your statement “lawyers in Spain are reputable professionals and you can trust them absolutely “. I was unfortunate to use a lawyer upon relocating from one Costa to the other and ended up with a legal “nightmare” which 12 months on is still no nearer to resolving. 🙁

    I agree with my colleague. There are four or five law firms you ought to avoid in the CDS. PM Mark, the web administrator for details on them.

    Those 4 or 5 law firms are no more than 40 lawyers in Málaga province. We are nearly 4.000 lawyers in Málaga. As I’ve posted again and again, 1% of bad lawyers(=40) are giving the other 99% a tainted reputation.

    POA should always be very restricted to a given property etc.. I would seldomly give general powers to a lawyer. Same as in the UK.

    Bottomline is that POA ought to be specific.

  • #59809

    Anonymous
    Participant

    If you use a good Notary in the UK, such as the one I use in Picadilly. London, they are prepared to draw up a simultaneousley translated text. i.e. half the page in English with the Spanish translation at the side. Thus you don’t need to get an official translation since the document is produced by an office with a recognised Spanish Notary in house. It also saves carrying around 2 documents and you can easily check the meaning.

    Terry English

  • #59626

    Anonymous
    Participant

    If you use a good Notary in the UK, such as the one I use in Picadilly. London, they are prepared to draw up a simultaneousley translated text. i.e. half the page in English with the Spanish translation at the side. Thus you don’t need to get an official translation since the document is produced by an office with a recognised Spanish Notary in house. It also saves carrying around 2 documents and you can easily check the meaning.

    Terry English

  • #60305

    Anonymous
    Participant

    Hi Terry,

    This idea of a half english half spanish document has been suggested to me today and seems like a good idea.

    Deos anybody know of a site where I can get a list of English based Lawyers/Notarys ??

    I am looking for one in the Manchester/North West area.

    Stef

  • #60311

    Anonymous
    Participant

    @anonymous wrote:

    Hi Terry,

    This idea of a half english half spanish document has been suggested to me today and seems like a good idea.

    Deos anybody know of a site where I can get a list of English based Lawyers/Notarys ??

    I am looking for one in the Manchester/North West area.

    Stef

    Try this link:

    http://www.thenotariessociety.org.uk/find_a_notary.asp

  • #60312

    Anonymous
    Participant

    Regarding Spanish Lawyers, I have just spoken to mine even though he is on holiday skiing with his son! He was more than happy to answer my questions, give his advice and time and had even answered my email via an internet cafe near Andorra. I doubt I would get such personal service here in the UK.

    Many thanks Juan, I hope you visit this forum soon and that many other people buying in the costa blanca use your excellent service in the future!

    Linda

    p.s. would recommend him 100% anyone who wants his details can visit http://www.iurisconsulting.net (hope you don’t mind the recommendation on the forum Mark!)

  • #60340

    Anonymous
    Participant

    Thanks for the notary web site, I found one so close I can walk there.

  • #60354

    katy
    Spectator

    Xreles, why would Mark mind you putting the web link to Iuris lawyers ❓ They state they are a partner of Spanish property insight.

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