Becoming an Expat in Spain: Volume 6

Organising a Power of Attorney

In Spain, the use of a Power of Attorney (POA) is much more common than in the UK.

The first time that most people come across a ‘’PODER NOTARIAL’’ which is what a Power of Attorney for financial affairs is called in Spain, is when they purchase a property.

This power would be granted to your solicitor (Abogado) or conveyancer who will act on your behalf in Spain which is almost essential to prevent constant trips to and from Spain during the purchase process otherwise.

Care should be taken to ensure that the POA is limited to 2 years as a maximum as this will be plenty of time for the purchase to complete, otherwise, the POA will continue indefinitely and also, it should restrict the powers of the attorney you are appointing to just acting in connection with the house purchase.

A POA will need to be notarised in Spain or in the UK.

If you elect a notary in the UK, bear in mind UK notaries charge much higher fees than Spanish ones and the document would also need to be sent for an apostille to be attached, which is a stamp of authenticity and this also costs extra, as will the couriering of the document to your Abogado in Spain for them to use going forwards.

Other times when a Power of Attorney may be required are:

Selling a property

if you are incapacitated for any reason and wish for a trusted family member or friend to act on your behalf

During probate to enable a legal representative to act on behalf of beneficiaries

An advance Directive is also a good idea to put in place when organising your POA as this sets out in advance how you would wish to be treated medically should you be unable to speak for yourself at that time for whatever reason and ranges from a do not resuscitate instruction through to what drugs you would or not wish to receive.

Advance directives must be registered at the patient services desk (SAIP) within 3 months of signing and 2 visits will be required, one to drop off and one to collect.

Be advised you will almost certainly be required to speak and understand Spanish during this process so you will need to take a translator with you if you do not have sufficient proficiency in this area.

Either you as the grantor or one of your elected attorneys can attend the SAIP desk to drop off or collect the documentation.

Fees charged by a legal advisor for organising your POA and Advance Directive will vary from region to region as will the fees of the local notary so ensure you establish this in advance of engagement to prevent any nasty financial surprises.