POWER OF ATTORNEY
A Power of Attorney or “POA” (poder) is a document authorized by a Public Notary that allows a third person to act on the grantor’s behalf in certain legal acts.
The POA allows your solicitor to represent you in many proceedings in your absence such as, for example, the sale or the purchase of a property in Spain. It is also useful in inheritance proceedings when one or more inheritors need local representation in expediting the inheritance.
It is possible to sign a Spanish Power of Attorney drawn up abroad in a Spanish Consulate or Embassy, and also before foreign notaries or solicitors, but the document must be in Spanish and stamped with the Apostille of the Hague Convention of 5 October 1961.
It is essential that you completely trust the person you are authorizing to act on your behalf, since it is usual – and often necessary – to have the POA include clauses and faculties such as opening bank accounts, have access to those accounts, draw money for payments, set up mortgages, and deal with important documents.
Even though we have received full powers from most of our clients, we always ask them to personally authorize in advance any act we may sign in their name.
The grantor is free to revoke the POA at any time by requesting the representative to return the official copy of it or, if necessary, by signing a Deed of Revocation and having a Notary Public notify the representative of the revocation.
We can help you with advice as to whether it is necessary for you to sign a Power of Attorney and, if so, organize the signing either in Spain or in your home country. Please feel free to call us!