Spain is a popular location for British people to move to for various reasons, from the sunny weather, to a good work-life balance.
However, when they decide they want to move back to the UK, whether it is because they want to be with their family, or they have poor health, they may need a Spanish Power of Attorney to deal with any matters that have been left unsolved in Spain.
If you are unsure what a Spanish Power of Attorney is and how it can be used, then we shall tell you all about it.
However, please note that we cannot help you drafting or notarising a Power of Attorney. You can request the help of our partners at Woodcock Notary Public if you need the services of a notary.
What is a Spanish Power of Attorney?
A Spanish Power of Attorney is used to empower an individual, or multiple people, to carry out certain actions on your behalf. What they are empowered to do will be outlined in the Power of Attorney.
They will be empowered to, for example, buy or sell property on your behalf, deal with bank accounts, or get your Foreign Identity Number (NIE) for your Spanish visa. If you are currently looking into applying for a Spanish visa, then we can help you apply for one.
British and Spanish Powers of Attorney are quite similar, with them being used for essentially the same purposes.
However, there are some differences regarding the names and types of Powers of Attorney.
Types of Spanish Power of Attorney
In the UK, we have two types of Powers of Attorney that are currently in use. These are the Ordinary Power of Attorney, and the Lasting Power of Attorney. However, there is also an older third type called an Enduring Power of Attorney that is no longer created; some may still be in use though.
However, the names and types of Powers of Attorney are different in Spain. Some examples are:
General Power of Attorney
An individual, named on the document as the โagentโ, is empowered to carry out acts on the behalf of the person empowering them. For example: buying and selling property, dealing with inheritance issues, opening and managing bank accounts, making payments, and more.
Special Power of Attorney
This grants one or more people the power to represent an individual in legal or business matters. For example, collecting a Foreign Identity Number (NIE), collecting pensions, establishing corporations, and other acts.
General Power of Attorney for Lawsuits
One or more lawyers are empowered to represent an individual in all legal proceedings.
Special Power of Attorney for Lawsuits
One or more lawyers are empowered to deal with a specific judicial process.
How do I get a Spanish Power of Attorney?
A Spanish Power of Attorney will need to be drafted for you to get one. You can draft it yourself, or you can get someone else to do it for you.
Also, you have the option of finding a website online that lets you generate documents. However, these generated documents may not always be completely accurate recreations of a Spanish Power of Attorney.
Additionally, for your Power of Attorney to be accepted as valid in Spain, it will need to be notarised. Following this, it will then need to be legalised by being issued an apostille form the Foreign, Commonwealth and Development Office (FCDO).
We recommend that you get the services of a notary like the one at Woodcock Notary Public, as they will know what will need to be included on the document. This will ensure that everything on your Spanish Power of Attorney is accurate and ready for use in Spain.
What is included on a Spanish Power of Attorney?
For a Spanish Power of Attorney to be accepted, there are some different details that will need to be included.
Whilst the layout may vary based on how the document is drafted, it should include:
- Your name
- Your address
- The names of your appointed attorneys (you can have more than one)
- The details of the powers you are giving to them
- Your signature
Mental capacity
Showing that you have the mental capacity to empower another person to act on your behalf is a crucial part of getting a Power of Attorney.
Basically, you will need to prove that you understand what you are getting into when you give someone the power to, for example, manage your finances.
The people who are being named as attorneys will also need to prove that they have the mental capacity and understand what they will be doing.
In some cases, a person may be making a Power of Attorney as a result of being ill. They may still understand the situation depending on what illness they have, and how bad it is.
Spanish Power of Attorney FAQ
Who should I choose to be an attorney?
Anyone you choose to be your attorney should be someone who you trust completely to carry out acts on your behalf. For example, a close family member or friend.ย
Also, you can choose more than one person to be an attorney. This will ensure that your requests are carried out correctly, as they will have to work together to get them done.ย
How do I sign a Power of Attorney?
Your Spanish Power of Attorney will need to be signed in the presence of a Notary Public, who will act as a witness.ย
The document itself should have a dedicated line that you can sign.ย
How will my Power of Attorney get to Spain?
There are two options. If your attorneys are in the UK, then you can send your Power of Attorney with them when they travel to Spain.ย
However, if they are already in Spain, you will need to pay for a courier to send it to Spain.ย
Will my Power of Attorney need to be legalised?
For your Spanish Power of Attorney to be recognised in Spain, it will need to be given an apostille by the FCDO. This will legalise the document, so then it can be used in Spain.ย
How do I draft a Power of Attorney?
To draft your Spanish Power of Attorney, you have a few options. You can try to draft it yourself, though this can be difficult and time consuming, and you might not include all of the right information.
You can also use an online drafting service, which will be easier, but the document it generates might be missing useful information.
We recommend using a legal professional based in Spain to draft your Power of Attorney, as they will know all about the local legal requirements, and draft it to those standards.
How we can help
Sadly, we cannot help you with Spanish Powers of Attorney ourselves, as we do not offer any related services such as notarisation. However, our partners at Woodcock Notary Public can assist you with all of your notary needs.ย
Nevertheless, there are other issues which we can help you with.
If your Spanish Power of Attorney is being sent to Spain with one of your attorneys, then they may need a visa if they plan on staying there for over 90 days.
Our team can help you with getting your attorney’s Spanish visa, so tell them to get in touch with us today for a free 10-minute consultation.
