On numerous occasions, people have been unable to travel abroad to carry out the necessary paperwork to buy or sell a property, or complete a Spanish probate for a family member or a friend.

Not being able to travel, should not put matters on hold. You can still instruct solicitors to deal with your Spanish affairs and sign a Spanish Power of Attorney for them to act on your behalf.

I specialise in Spanish law and will be able to advise on the best way to proceed if you cannot travel to complete your legal transactions in Spain. Generally, you may only need a Spanish Power of Attorney to continue with your plans abroad from the comfort of your own sofa.

What is a power of attorney?

A Spanish power of attorney is a document which enables you to appoint a representative to act on your behalf in certain legal transactions.

If you are, for example, buying or selling a Spanish property, the document will enable you to proceed without the need to travel to Spain to sign the contract or the deeds at the time of completion.

Also, if you are the beneficiary to an estate which includes Spanish property, then having a Spanish power of attorney means that I can complete the Spanish probate without the need to travel to Spain.

Contents of the Spanish Power of Attorney 

The contents of a Power of Attorney may vary, depending on the acts on transactions which will need to be carried out abroad. The document could be as specific or as broad as needed. Generally, Power of Attorneys in Spain tend to be broad, as this avoids having to prepare an additional document if further powers are required.

Who should I appoint to act on my behalf in my Spanish power of attorney?

It is important that your named representatives are trusted individuals. If you are considering appointing a friend, please make sure you trust this person to sign any documents on your behalf. I would always recommend that you appoint a lawyer to deal with your Spanish legal matters to avoid any issues.

Can I sign a Spanish Power of Attorney near my UK home address? 

The Spanish Power of Attorney must be signed before a Notary Public. This can be done in the UK before a UK Notary Public. The Notary Public will carry out the necessary ID checks which are required to proceed with the signature of the document and make sure the document complies with the legal requirements.

Legalisation of the Spanish Power of Attorney 

Once the document is notarised, the document will need to be legalised to be used in Spain. Legalisation makes the document suitable for use in Spain. The Legalisation Office will confirm that the signature, a stamp or seal in the document is genuine and will attach an official stamped certificate called “Apostille”.

What happens once my Spanish matter is finalised?

At the end of your case, you should always receive the original document, to avoid this to be used again. However, you may wish to organise the documents to be formally revoked. To do so, you will need to sign another deed before a notary public and notify the appointed representatives of your intention of revoking the document.

Who can assist me with my Spanish Power of Attorney?

With over 20 years legal experience in the UK, I am here to help so contact me to discuss your needs. I will be delighted to assist with drafting your document and organise signature and legalisation.

If you have any queries in relation to your Spanish affairs, please do not hesitate to contact me on 01273 284 120.