# Lasting power of attorney



## Kerry40 (Sep 30, 2013)

My parents live in Tenerife and my Dad has recently been diagnosed with dementia. We need to make a POA but are unsure how to go about it. My mother would be the attorney for my Dad and I would be the attorney for Mum should anything happen to her.


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## Madliz (Feb 4, 2011)

It's very straightforward. Your local notario (notary public) will draw up the POAs for a small fee. I think you would all have to be there in person, or at least, those mentioned in each one.


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## Kerry40 (Sep 30, 2013)

Thank you very much for your reply. I am visiting in Jan so will be able to arrange it then


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## anles (Feb 11, 2009)

If your dad still has the power to make the decision himself, it will be straightforward but if he is unable to do so, then it is a very different matter as he has to be declared incapacitated. Only a judge can do this and it isn't a very rapid process.


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## gus-lopez (Jan 4, 2010)

You require an 'Enduring Power of Attorney'. A normal power of Attorney is no use once a person becomes mentally unable to be considered capable of conducting there own affairs & lapses/is rescinded. 
" The person who creates a power of attorney, also known as the "grantor", can only do so when he/she has the requisite mental capacity. Suppose the donor loses capacity to grant permission after the power of attorney has been created (for example, from Alzheimer's disease or a head injury in a car crash); then the power will probably no longer be effective."

I don't know whether they have different rules in Spain but you need expert advice. In addition if your father/mother have any assets in the Uk, bank accounts , insurances, house, etc; you definitely also need a uk Enduring POA.


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