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Lockdown 2.0 and Spanish Power of Attorney – the show goes on!

International travelling is experiencing restrictions again. This should not put your plans on hold, for example, if you are considering buying or selling your holiday home in Spain.

At Mayo Wynne Baxter, we have bilingual English-Spanish qualified solicitors specialised in Spanish law. Our lawyers will be able to advise on the best way to proceed if you cannot travel to complete your legal transactions. In certain circumstances, you will only need a Spanish power of attorney so you can still continue with your plans abroad from the conform of your sofa.

A 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, there is no need for you to travel to Spain to sign the contract or the deeds of completion. If you have been appointed beneficiary to an estate in which includes Spanish property, then having a Spanish power of attorney means that we can complete your inheritance without the need to travel to Spain.

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, the powers of attorney in Spain tend to be broad, as this avoids having to prepare an additional document if further powers are required.

It is important that the named representatives are trusted persons. If you are considering appointing a friend, please make sure you trust this person to sign on your behalf for any transaction the document allows. For those reasons, we would recommend that you always appoint a lawyer to deal with your Spanish legal matters.

The Spanish power of attorney has to 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.  We will organise for you to sign the document before a UK notary public and proceed with the legalisation of the document so it can 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”.

At the end of your case, you should always receive the original document so it cannot 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 the notary public and notify the appointed representatives of your intention of revoking the document.

We are here to help so contact us to discuss your needs, and we will be delighted to assist. Do not allow COVID-19 or Brexit to stop your plans.

Carmen Calvo-Couto