Power of attorney

The power of attorney allows us to act on your behalf and will avoid you some trips to Spain.

Power of attorney is a written document signed by a person giving another person the power to act in conducting the signer's business, including signing papers, checks, title documents, contracts, handling bank accounts and other activities in the name of the person granting the power. The person receiving the power of attorney (which means agent) is "attorney in fact" for the person giving the power.

There are two types of powers of attorney used in Spain:

a) general power of attorney which covers all activities, such as selling and buying properties, handling some bank accounts, sign or cancel mortgages, arrange supply contracts, etc. This is the one that we use for conveyance,
b) special power of attorney for litigations, so that we can represent you at court, in the event you may need it. In this case the power of attorney will be for Solicitor and for Procurator (court assistant).

Many of our clients decide to give us power of attorney during their visit to Spain, so once they are gone, we will be able to act in their name and representation to get a NIE, open a bank account or even complete the property, and finally sign the utilities contracts, so everything will be ready for them to enjoy vacation in their new property in the next trip to Spain.

Obviously it is cheaper and faster to sign power of attorney in Spain, but if you decide to get the benefits of giving power of attorney to your solicitor once you are back in the UK, you will be able to do it, because the power of attorney can be signed in front of a Notary Public in Spain or in the UK. In this second case the English Notary will compulsory need to get The Hague Apostille in order to make the document valid in Spain. The Legalisation Office is the only competent authority to issue legalization or apostille certificates in the UK. ( Legalisation is the confirmation that the signature, seal or stamp on a UK public document is genuine. The Apostille/certificate does not certify the authenticity of a document or give approval of its content)

A power of attorney will remain in force upon written cancellation in front of a Notary Public. Once the conveyance process has finished you can take the original power of attorney with you if you wish. This means that we won’t be able to do anything on your behalf. In case you would like to instruct us to do any transaction on your behalf you would have to give us again the original document.