Now more than ever, international travel is not always possible, and it may be more practical and efficient to appoint someone to act on your behalf in Spain. To do this, you will need a valid Spanish Power of Attorney.
At Woodcock Law and Notary Public, we have the expertise to draft and arrange Powers of Attorney in Spanish and English. Here is a comprehensive guide to understanding your Spanish Power of Attorney.
WHAT IS A SPANISH POWER OF ATTORNEY?
A Spanish Power of Attorney is a legal document used to appoint trusted individuals (‘Attorneys’) to make important decisions on your behalf, which must be signed before a notary public.
It can be described as a deed by which one person authorises another to act on his behalf and in his name as his attorney, either generally or in a particular matter.
A power of attorney may be an independent instrument or incorporated in a deed relating to other matters, for example a mortgage, debenture or trust instrument.
A Power of Attorney is known as ‘Escritura de Poder,’ or ‘Poder Notarial’ in Spanish.
WHY DO I NEED A POA?
- To inherit, buy or sell property
- Incorporate a company or issue legal proceedings on your behalf
- Obtain your NIE number
- Deal with taxes and bank accounts
- Take court actions in Spain.
The Power of Attorney will usually be supported by further clauses allowing attorneys to deal with other important matters, such taxes, bank accounts and investments in Spain.
When granting a Power of Attorney, it is important to understand the exact powers you are granting to your attorneys as these can have extensive legal consequences. You need to strike a balance to ensure your attorneys can effectively manage your affairs but do not have powers that are wider than necessary.
HOW DO I OBTAIN A SPANISH POWER OF ATTORNEY?
The process for obtaining a Spanish Power of Attorney involves:
- Preparing a suitable Power of Attorney document
- Ensuring formalities are met for your Power of Attorney to be accepted in Spain
- Delivering the Power of Attorney to the individuals who need it
HOW DO I PREPARE A SPANISH POWER OF ATTORNEY?
When granting a Spanish Power of Attorney, you should consider:
- Who you want to appoint as your Attorneys
- What powers you want to grant them
How do I appoint an attorney?
Whoever you decide to appoint as your Attorneys, you need to trust them. You only need one Attorney, but it is often safer to appoint more than one.
Signing your Power of Attorney
After you have selected your Attorney(s) and decided on the powers you wish to allocate to them, you will be required to sign the Power of Attorney in the presence of a Notary Public – along with your witnesses.
The Notary Public will officially identify you and ensure that you have understood the terms of the document.
Legalising your Power of Attorney
Next, the document will require legalisation from the Federal, Commonwealth & Development Office (FCDO). Legalisation of a Spanish Power of Attorney is required because their legitimacy is of ultimate importance.
The FCDO will attach a certificate to the document called an Apostille which will guarantee that the document will be recognised by Spain immediately. This is due to an international treaty called the Hague Convention which abolished the requirement of further legalisation for foreign public documents for countries signed on to the treaty – Spain and UK included.
Delivering your Spanish of Attorney
After legalisation, the document must be delivered to your attorneys. If one of them is in the UK by the time the document is legalised and is due to travel to Spain soon, they may take the document along with them. Alternatively, if all of your attorneys are in Spain, you may use a courier as the most reliable delivery method.
CONTACT US FOR OUR EXPERT ADVICE
Woodcock Law & Notary Public is highly experienced in assisting with your power of attorney needs. Contact us if you need any assistance on 0800 049 2471 or email email@example.com.