This is the process whereby you nominate someone to transact on your behalf, for example to buy or sell houses, open bank accounts and sign documents.
This can be between partners and on a reciprocal basis, giving both equal rights to effect transactions on behalf of each other. Also, this can be arranged for a third party, meaning that the purchasers/sellers of properties do not need to be present at the Notary when the sale takes place.
Power of Attorney can be given to one or two persons, for example, meaning that if one person cannot attend the signing for a property, the second person can go in their place and both represent the original Buyer/Seller. Spanish Solutions can offer this type of representation.
The POA takes place in the Notary, in front of the people transferring powers and a translator. The document is produced in Spanish if signed for in Spain, or in Spanish and English, if signed for in Ireland or UK. It can be even emailed to other countries in the world as a draft, arranged at a Consulate or Public Notary and validated for international use with a Hague Apostille.
A POA can be arranged with an expiry date, and after this date the document becomes invalid. This means that the person holding POA can only transact on behalf of the individual for a limited period. If POA is granted for an indefinite period of time, the same people have to return to the Notary when they desire to revoke the Power.
However, do not forget a power of attorney is only for someone to act for a specific purpose for which an authorization is given and the associated tasks, for example, selling a house, Using a power of attorney afterwards for another purpose, without permission, would be illegal.
If you have any specific concerns regarding Notary processes, or if you have a question regarding living here in Spain, please email them to firstname.lastname@example.org or call directly 966 761 741
I am selling my friends house here in Spain.
She is due to come over and sign at the notary but with possible cancellation of flights due to Corona Virus she may not be able to attend.
She would be happy to give me power of attorney to sign for her at the notary but I understand this can only be done at the consulate or embassy in the UK and that there may be a considerable wait for an appointment.
As the signing date is in two weeks this is concerning.
Would it also be possible to let me know what documents would be required for her to make this power of attorney for me to sell her house?