Powers of attorney

Filed under : Civil Law, Conveyancing & Property Law, Tax Planning - Inheritance

A large number of properties in Spain are jointly owned by spouses, partners or sometimes by brothers and sisters who have inherited property from their parents. It is not always possible for all the joint owners to travel when it is necessary to sign documents, attend banks and local authorities who may then require proof that one owner can sign on behalf of the other joint owners.

As Spain has very formal requirements about signing any public document or entering into financial transactions such as mortgages a Spanish form power of attorney may be required. This can also be useful if one of the owners has health problems or has work commitments outside of Spain.

For these co-owners it is possible to sign the power of attorney when they are here in Spain or it can be executed in their home country and then legalized with the apostille which allows it to be used here in Spain. This power can be general and include powers of sale etc. or it can be a specific power if you only want to deal with one particular matter.

It can also be an enduring power which can continue to be used if one of the parties loses their mental capacity to act or to instruct the person who has the power. This can happen as a result of illness. This can be particularly helpful for spouses who may not always be able to travel together to deal with property matters or indeed who wish to sell the property. Also for older couples it can give greater security if one should fall ill or not be able to travel. For more information on arranging a power of attorney please contact 952 527014 or info@decottalaw.net We can also advise on Powers of attorney for use in England and Wales, Holland, Belgium and France.