Spanish Wills and POA for mute people
Granting a Notarial Power of Attorney by a Mute Person in Spain
In order to grant a notarial power of attorney in Spain by a mute person, certain specific requirements and procedures must be followed to ensure the act is carried out in accordance with the law and that the grantor's will is duly respected. The relevant steps and considerations are outlined below:
Appearance Before a Notary:
The mute person must appear before a notary to grant the power of attorney. The notary is responsible for verifying the identity and legal capacity of the grantor, as well as ensuring that the grantor fully understands the act being executed.
Communication of Will:
The mute person may express their will through various means, depending on their individual capabilities. This may include written communication, sign language (with the assistance of an interpreter if necessary), or any other accessible and comprehensible method of communication. The notary must ensure that the communication is clear and that the grantor’s will is properly expressed and understood.
Reading and Confirmation of the Document:
The notary must read aloud the contents of the power of attorney so that the grantor may confirm that it reflects their will. In the case of a mute person, the notary may provide a written copy of the document so that the grantor may read and confirm their agreement. It is essential that the grantor fully understands the content and legal implications of the power being granted.
Execution of the Document:
Once the grantor has confirmed their agreement with the contents of the power of attorney, they must proceed to sign the document. If the mute person is unable to sign, they may use a legally accepted mark or symbol, or the notary may authorise another person to sign on their behalf, provided that the legal formalities are observed and it is ensured that the signature represents the grantor’s true will.
Legal Reservations and Warnings:
The notary must issue the appropriate legal reservations and warnings to the grantor, ensuring that they understand the legal consequences of the power being granted. This includes informing the grantor of the rights and obligations arising from the notarial act, as well as the possible legal implications.