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How to Set up a Power of Attorney in Spain

If you decide to buy a property in Spain, it may not always be possible for you to be in the country to sign utility contracts, property deeds, tax matters, or to apply for any important documents that you need to get everything sorted. That´s where the experience of Sun Lawyers comes into play, as appointing us to act for you through a Power of Attorney would be the best way to make sure that everything is done, and crucially done correctly. Below is their guide to Power of Attorneys and what they entail.

What is a Power of Attorney and who I can give it to?

A Power of Attorney is an official document signed before a public notary and executed as a deed by a person giving the Power of Attorney (donor) in favour of a third party.

 

Normally you give this to a Spanish lawyer, who will help you with the purchase of the property, and somebody like us at Sun Lawyers will have the power on your authority to  sign contracts, make decisions, as well making sure that any documents are properly submitted.

Lawyer in Office

What are the contents of Power of Attorney and what does it include?

 

A Power of Attorney for buying your Spanish home will often include clauses allowing your lawyers to open, close and operate bank accounts; to set up direct debits; to get an N.I.E. Certificate; to arrange utility contracts; pay taxes; submit forms; and send and receive notifications to and from different authorities.

 

It can be a big list, but we will take care of it all, acting on your instructions.

 

A Power of Attorney will generally contain:

 

  • Your personal details as well as the details of the lawyer that you wish to appoint.
  • The details of the notary public who witnessed you signing the Power of Attorney.
  • An apostille issued by the Foreign and Commonwealth Office (if granted outside Spain).

The Power of Attorney can focus on a specific procedure or property, or it can be of a broader nature. Your lawyer will not be able to do anything on your behalf that is not included in the Power of Attorney.

 

How to make the Power of Attorney?

To go through the draft of your Power of Attorney you can either go to a Spanish notary public in Spain, or a public notary in your country of origin.

 

It is important that you get a reliable independent lawyer to do this for you, to be sure that the correct legal wording is used on the draft.

 

We recommend that you ask your lawyer or notary to draft an English and Spanish bilingual version, which ensures that you understand the document completely.

 

If it is granted in Spain, it would be wise to secure the services of an interpreter you don’t speak Spanish and your Lawyer does not speak English.

 

The majority of Power of Attorneys don’t have an “expiry date”, unless you include a clause that specifically states when you would like it to end.

 

If you don’t include this clause but decide in the future that you would like to change the powers or revoke the Power of Attorney entirely, you should contact a lawyer or notary public and they will be able to help you with this.

 

Power of Attorney is automatically ended if you or your attorney pass away or terminated by declared insolvency or the incapacity of either the lawyer or the person that he or she may be acting for.

 

Crucially, you can also revoke the Power of Attorney at any time, which is done through a Deed of Revocation, with the lawyer being told about it, once it has been executed by the notary.

 

For more information on getting a Power of Attorney, get in touch with the team at Sun Lawyers, where you will get a free initial consultation.

 

You can call on (0034) 965 321 193 or email them at admin@sun-lawyers.com.

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