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Hello,
Does anyone know if a couple can set up a joint power of attorney in Spain so that if anything legal etc needs to be done that either one of them can act on behalf of the other? Also is it costly to set up and how long can it be in effect for? I’m wondering about this as if we decide to sell in the next couple of years, it would be a lot easier for me to do all the signing etc as my husband has to work and can’t get time off work to easily! – kind regards – saga
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Dear Mrs Saga,
Yes it can be done same as in the UK.
The PoA costs approximately 250 Euros plus 16% VAT. Included are the Notarie’s fees of 40 Euros.
It takes approximately 7-10 days since the signing. The PoA is granted at the Notaries and then it’s picked up a week later by your lawyer.
If the PoA has to do with a company then the process is much longer because it must be registered at the “Registro Mercantil” and could take 30-45 days. It varies widely from register to register.
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@shakeel wrote:
IN the UK the power of Attorney can be general or Special. The special is for a specfic act/transaction.
I have been told by my Spanish Lawyer friends that the same applies in Spain. I am sure that Draken will confirm.
I knew that, which is why I mentioned it.
Be it in UK, Spain or Outer Mongolia, nobody should give a general Power of Attorney to anyone. Unfortunately, many still do.
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Of course you only give a power of attorney to some one you trust. The basis of anything in life is trust and confidence.
Your Legal/financial risk can be avoided by being very specific or put a value to the transation. once the transaction is done you than make another POA, and than to the great gods of Spanish system the Notory.
who charges you but takes no responsibilty!!!!!!!!!!!!!!!!!!!!
In Uk POA does not have to be notarised it just have to be witnessed by an adult of sane mind.
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However Shakeel a UKpower of attorney has no legal status in Spain so if you want to buy in Spain you need a notarised POA. You can do this in the UK by going to the SPanish COnsulate or Embassy, nd there are a few solicitors that can do it as well (having Spanish Notaries working for them) but this is the only way you can get a POA in the UK that is valid in Spain.
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@vbtudor wrote:
However Shakeel a UKpower of attorney has no legal status in Spain so if you want to buy in Spain you need a notarised POA. You can do this in the UK by going to the SPanish COnsulate or Embassy, nd there are a few solicitors that can do it as well (having Spanish Notaries working for them) but this is the only way you can get a POA in the UK that is valid in Spain.
This is incorrect Vince, I’m sorry.
We can send the wording of the PoA to a UK/Irish notary in both english and spanish. The clients sign it. The Apostille is stamped and the PoA is returned to us. This PoA is good enough to buy or sell at the spanish Notary. So a PoA granted in the UK is effectice providing it meets certain spanish legal requirements.
No need to go to the embassy or the consulate.
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No problem Drakan – not being a legal expert – this was my understanding based on a client who bought using her father as POA. I asked the Spanish Embassy in London how she could go about it getting POA without leaving the UK and this is what they told me.
I bow to your superior knowledge and stand corrected
Best wishes
Vince
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Just entered this thread.
Noticed JUde said in september that
“nobody should ever give a general power of attorney to anyone.unfortunatley many do.”As a Legal consultant I provide many many elderly,and some not so elderly folk with EPA’s. The attorneys appointed are noramlly their spouses and/or children and they are given EPA to enable them to look after the donors affairs should sickness or incapacity prevent the donor from doing so themselves.
It is a perfectly normal thing to do. Indeed all of us should give one because NONE of us know what is just around the corner.
THe problems that arise from not being able to sign ones name are horrendous.
Hence EPA’s. Most of them giving total control.It works very well. There are checks and contols if someone needs to invoke an EPA because the donor has mental incapacity but otherwise it is a perfectly valid and reliable means of giving someone control.
It would not work if it was NOT “general”. !!Regards
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