As you know, at the end of the year the agreements and policies are changing so that United Kingdom citizens can travel as usual, or rather, establish their residence in Spain as usual.
In this regard, over the last few months we have received questions about the possibility of selling a property in Spain, as well as carrying out certain formalities, without having to travel to Spain to do so.
The so-called “power of attorney” allows a lawyer to act on behalf of the natural person, giving him/her full powers to do so.
Today we are going to explain the steps to follow and the procedures for which it may be necessary to grant a power of attorney when living abroad.
What is a “power of attorney” and what is its importance?
The so-called “power of attorney”, “poder notarial” if you hear o read it in Spanish, is a document that a natural person can grant to a lawyer so that this person can act on his or her behalf in the necessary procedures, for example, the sale or rental of a property.
It is undoubtedly the most efficient and simple way to handle any legal matter when you do not live in Spain or cannot travel to Spain in this case. In this way, we have legal, authorised and professional representation to help us resolve the relevant formalities.
In this type of agreement or “contract” it is important to specify that the power of attorney is only valid for the action described in it, i.e. the sale or rental of the house, without being able to act later on behalf of that person once the necessary formalities have been completed.
Where should the “power of attorney” be formalised?
As the name suggests, this type of power of attorney must be granted before a notary.
In addition, if the power of attorney is granted for the sale of a property, it must be executed in a public deed. If this is not possible, it must be done by letter with the signature of two witnesses whose signatures must also be ratified before the notary or a judge.
The objective, apart from granting the power of attorney, is that it is drawn up on the basis of the legal framework, so that the will of both parties is on record so that the operation can be validated.
Some practical tips when granting a “power of attorney”.
As mentioned above, when we grant a power of attorney, we are authorising and giving responsibility to an independent person to act on our behalf. It is important, especially in cases where we grant a power of attorney in haste or haste, to bear in mind some considerations:
- It is important to act in advance. This way, if, for whatever reason, there is an error in the power of attorney, we have time to correct it.
- We must always check whether the power of attorney has been granted and whether it complies with the clauses or actions that we have previously determined.
Please do not hesitate to contact us if you have any questions or if you think we can help you.
