# Power of Attorney



## Cooja (Oct 1, 2018)

I live in the UK and am about to buy an apartment in Spain. The lawyer has asked for Power of Attorney but I’m a bit nervous about this! 
Is this normal?
It would be easier than having to travel back and forth - 
Has anyone done this before? 
Please help!


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## Overandout (Nov 10, 2012)

In short, it depends what powers are being bestowed!

If its a general PoA to act on your behalf for anything, then no, it's not normal, but to act on your behalf for specific and agreed actions is fine.

Only you can decide if the powers are sufficiently limited and if you trust the empowered party.


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## Dunpleecin (Dec 20, 2012)

It’s all about trust. If you don’t feel you can trust your lawyer don’t do it. If you do, do.


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## fhanrah (Feb 16, 2017)

We purchased recently and we signed POA over to complete the sale. If you can at the drop of a hat fly over to sign then why not and enjoy a few days in Spain to complete the sale and if your restricted like we were, it only made sense to sign of POA to purchase the property. The paper work was translated into English and was read to us in the notary office in front of an local officer before we signed the POA.


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## emlyn (Oct 26, 2012)

fhanrah said:


> We purchased recently and we signed POA over to complete the sale. If you can at the drop of a hat fly over to sign then why not and enjoy a few days in Spain to complete the sale and if your restricted like we were, it only made sense to sign of POA to purchase the property. The paper work was translated into English and was read to us in the notary office in front of an local officer before we signed the POA.


We signed POA to purchase our property and as in above quote done in notary office with translation. Make sure you do it this way.


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## Barriej (Jul 23, 2012)

fhanrah said:


> We purchased recently and we signed POA over to complete the sale. If you can at the drop of a hat fly over to sign then why not and enjoy a few days in Spain to complete the sale and if your restricted like we were, it only made sense to sign of POA to purchase the property. The paper work was translated into English and was read to us in the notary office in front of an local officer before we signed the POA.


We have just done the same for the Lawyer to get our NIE as the earliest appointments in Benidorm are now at the end of December. My work schedule won't let us go back until mid January so we just paid for them to do it. 

As above signed at the Notary with a translator. (our lawyer was recommended by someone on here and they are used by the family members who live in Spain)


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## Sallyh259 (Oct 3, 2018)

I just oughta house here and gae the solicitor a power of attorney ONLY for the purchase. It went very well and saved me travvelling backwards and forwards.


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## Lynn R (Feb 21, 2014)

fhanrah said:


> We purchased recently and we signed POA over to complete the sale. If you can at the drop of a hat fly over to sign then why not and enjoy a few days in Spain to complete the sale and if your restricted like we were, it only made sense to sign of POA to purchase the property. The paper work was translated into English and was read to us in the notary office in front of an local officer before we signed the POA.


Yes, I agree. We were both working full time in the UK when we bought our first property here, so did the POA procedure at the notary's office before we left Spain on the trip when we agreed to buy the house. The lawyer we gave the POA to completed the sale on our behalf and we collected the keys a few weeks later. There were no problems at all.


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## SandraP (Apr 23, 2014)

My husband and I have set up a POA for when we buy a property. We have no problems with trust and as a bonus she was recommended to us by a mod on here, Snikpoh. We set it up 2 years ago, but family circumstances have delayed any purchase. We are now able to proceed and Mayte is more than happy to work for us even after the time lapse. We won't be able to come over after purchase but she will hold keys for us until we are able to make the trip.


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## Megsmum (Sep 9, 2012)

In my corner of Spain has, if the Notare is not convinced you understand Spanish they will NOT proceed with any legal duties unless you have the paperwork translated and you have a translator with you. Personally I find this rather comforting. I used a translator when we bought the house. However, when we had our Spanish wills notarized I was confident enough to not have one. The Notare asked me questions the whole way through to establish I understood.


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## Lynn R (Feb 21, 2014)

Megsmum said:


> However, when we had our Spanish wills notarized I was confident enough to not have one. The Notare asked me questions the whole way through to establish I understood.


Same here. I made a new Spanish will after we got married, as the original one would no longer have been valid. I went to the notary's office for her to draft the will, without a translator, and the will is in Spanish only rather than the one column Spanish, the other in English as the original will was. It was a great deal cheaper than using a lawyer to draft the will and act as translator at the notary's office.


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## andrew8 (Oct 5, 2018)

While on this topic, what happens in the event of your death?

Being a UK resident, does your UK will cover your Spanish property in the event of your death? Or do you need a will in both countries?


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## High flyer (Jun 22, 2018)

I am about to purchase in Spain also. I was told that any lawyer worth there salt wouldn’t act for you without power of attorney. I am using Perez legal and are completely comfortable with this.Nothing to fear in my opinion, it’s just common practice in Spain.


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## xabiaxica (Jun 23, 2009)

High flyer said:


> I am about to purchase in Spain also. I was told that any lawyer worth there salt wouldn’t act for you without power of attorney. I am using Perez legal and are completely comfortable with this.Nothing to fear in my opinion, it’s just common practice in Spain.


That's just wrong.

If you're in Spain & able to be present at the sale, there's no need for POA at all.


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## High flyer (Jun 22, 2018)

Didn’t say I was in Spain, said was about to purchase in Spain, the information I was given was that poa is required, so accepted what my lawyer told me!As we will be in the uk for part of the purchase process, small fee to allow her to act for us


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## Pesky Wesky (May 10, 2009)

High flyer said:


> Didn’t say I was in Spain, said was about to purchase in Spain, the information I was given was that poa is required, so accepted what my lawyer told me!As we will be in the uk for part of the purchase process, small fee to allow her to act for us


 POA might be the _preferred_ way of working if the purchaser is not living in the country, and it might be _easier_ but it is not obligatory.
If you are living in the country it _might_ also think about it according to the circumstances, but if you don't want to then you don't do it!


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