How do I stop a Power of Attorney please. I was told by the solicitor that I just need to ask for the original paper but then told by someone who has been in Spain for years that I must go back to the notary.  Are you there Maria?

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It depends. If you are not having a  new legal representative taking over the case, you need to go to a Notary to revoke the POA.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

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Hola Maria,

The present solicitor told us that he needed PoA. for paying the bills and nothing more.  When we asked him to read out slowly from the computer he went bright red and tried to miss things out.  We picked up that he now had power to buy and sell property on our behalf.  Having been lied to we now need to cancel the PoA.  Now we have paid one non resident bill will they be taken from our bank the same as the utilities?

This is the same man who told the town hall that the residents want to form a commitee and a hasty meeting was set up without several of the residents being aware of it.  As we all are on detached plots and own our own pool or garden and have no shared facilities we value our right to live as we want without a president/commitee etc.

Luckily we were able to inform all the residents and the meeting place was standing room only.  He was very surprised by that.  The solicitor acted as interpreter but spoke for 2 minutes to every 15 of the Spanish man.  As most people are only beginners in Spanish he was not understood but a lady who spoke fluent Spanish heard the Spanish man from the town hall say that we are here tonight to see if you would like to form a commitee for your urb.  This was interpreted as the town hall is not used to urbs and as this is the first in the area they want you to have a commitee to represent you all and I (solicitor speaking) am willing to take part in the running of it.

The residents spoke as one and maintained that we had all bought on the understanding that we would not have to go that way.  We have council street lighting and a bar and new restaurant are used by as many Spanish as English.

Had we had time we would have found an independant translater but although the letters were addressed to the homeowner few were delivered and the bulk were left in a bar.  When we went to get a copy they had vanished but people were able to make more copies for the rest of us.

What is your opinion Maria?

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We did POA for completion of our property in October last year. We were told that to "stop" the POA we could ask for the original back from the solicitor as they need this to act on the POA. However, from what you are saying about your solicitor, and despite the hassle, I would think revoking it officially at the Notary would be a VERY good idea.

Noreen

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Thanks Maria and Noreen,

It was really for making sure all due taxes etc. were set up and that we did not miss anything out. If only they were all like Maria!

I met a lady on the plane who was on her third change as her previous lawyer had been taking 150 euros each month from her account.  Luckily her bank manager could not see any reason for this so was putting it back again!  Could not imagine an English bank manager being so good.

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