Question about power of attorney
Dear Sir,
A few of our friends have left this a bit late. We are not getting any younger and would like to know if there is such a document in Spain that is equivalent to a ‘lasting power of attorney’ as we have in the UK.
We would like to give each other a lasting power of attorney and also to our children, so they can deal with things if we are no longer capable.
We are planning to come to visit in June and could perhaps arrange this during our visit.
ANSWER
In Spain, a power of attorney is limited to what is expressly written in the document. The power of attorney is valid unless it is revoked, the person who granted is deceased or has become incapacitated.
If the power of attorney expressly states that it should remain valid even if the grantor has become incapacitated, then it will still be valid.
You can give each other a reciprocal general power of attorney, and at the same time, you can also give your children the same authorities. In our opinion, we would suggest you sign two documents; one would be the reciprocal POA and the other one in favour of the children.
These documents have to be signed in the presence of a notary in Spain.
The notary’s office will require to have, about one week in advance, all the particulars of both of you and your children, so the documents can be prepared in advance and all you have to do on the day of the appointment is to turn up with your passports, which will be used for identification purposes.
The notary will read and explain the documents to you and if you require any clarification, the notary will give you the relevant explanation.
Once the power of attorney has been signed, it will be valid during your lifetime, and if you wish to cancel it, you can do this by appearing at any notary’s office and signing a power of attorney revocation document.
The notary can then formally inform the other party that the POA has been cancelled and that it can’t be used.
The notary, on the day it is signed, will give you a ‘copia simple’ or simple copy of the document and also a certified copy.
This certified copy you will have to take to the bank, for example, and any other office that will require proof that the bearer has the authority to act on the other's behalf.
The original document that includes your signatures will be kept by the notary in perpetuity and will not leave his office. If you require another certified copy of the POA, you can always obtain one by asking the notary's office to provide it.
If, for whatever reason, you can’t travel to Spain, you can arrange this by asking a law firm to draw up the document and send it you with instructions.
These will include that you will have to sign it in the presence of a notary public in the UK, and because it will be a document signed outside Spain, it will require to be legalised by the Foreign Office by means of an apostille in accordance with The Hague Convention of October 5, 1961.