Revoking Power of Attorney

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17 Sep 2013 22:46 by curious Star rating. 28 posts Send private message

Hi,  I wonder if anyone can offer us any advice from experience or from legal knowledge regarding the following.

When we bought a property in spain in 2006 and gave our solicitor power of attorney.  We didn't revoke it as we thought we may need it in the future.  Something has happened today that has made us realise that we should revoke it as soon as possible.  Is there any way to do this without going to spain? I have just googled it and it seems that we could be in a very dangerous position financially as the solicitor can do anything.

We were thinking as we are coming over in Oct that maybe we could go into a notary and revoke it then if not before? can you do this at any notary office?

Any advice will be gratefully received.

 

 

 

 





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18 Sep 2013 05:59 by wend691 Star rating in Lincoln & Rojales (C.... 179 posts Send private message

We gave our solicitor power of attorney when we bought our property as well (as many do, I suspect, when purchasing a Spanish home whilst living in UK). We changed solicitor last year and it was straightforward to do so smiley





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18 Sep 2013 08:10 by lobin Star rating. 219 posts Send private message

If you are coming to Spain in October, the simplest way is to go a Notary in Spain with a copy of the Power of Attorney you want to revoke.  It should take the Notary's office around 20 minutes to prepare the document for you to sign revoking the Power.





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18 Sep 2013 08:11 by acer Star rating. 1159 posts Send private message

We had a similar situation a few years ago and I wrote to the solicitor telling them that due to a change in circumstance I was revoking the POA, then when I was next in Spain I visited their office and asked for the document back.  They seemed a bit offended, but as you say a full POA is a powerful document and this removes any uncertainty.

I'm not sure this is necessarily the correct procedure, others may be able to provide a fuller answer.





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18 Sep 2013 08:12 by casperruby Star rating. 165 posts Send private message

We purchased a house in july and in june gave our solicitor power of attorney but the notery said we could only give it for six months and it would automatically stop. I have checked this and it is written as so in the contract. Check yours because our solicitor said their is a time restriction on them.



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18 Sep 2013 08:40 by casperruby Star rating. 165 posts Send private message

In addition to my post below if you wish to cancell a POA begor the time restriction comes into force , at any time you can demand the letter of power from your solicitor and the have to return it by law and this automatically revokes the POA their is no need for a notary to be involved



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18 Sep 2013 09:13 by acer Star rating. 1159 posts Send private message

Casperruby - I believe you will find that many POAs do not have a time limit.  But on the basis they ramble on a bit in Spanish I agree that getting the document back seems the most pragmatic thing to do.





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18 Sep 2013 09:19 by baz1946 Star rating. 1925 posts Send private message

 

Hi,  I wonder if anyone can offer us any advice from experience or from legal knowledge regarding the following.

When we bought a property in spain in 2006 and gave our solicitor power of attorney.  We didn't revoke it as we thought we may need it in the future.  Something has happened today that has made us realise that we should revoke it as soon as possible.  Is there any way to do this without going to spain? I have just googled it and it seems that we could be in a very dangerous position financially as the solicitor can do anything.

We were thinking as we are coming over in Oct that maybe we could go into a notary and revoke it then if not before? can you do this at any notary office?

Any advice will be gratefully received.

 

Ask Maria on this forum, send her a private e-mail. She is the one who would know.

You want to buy sausages go to the butcher.

 


This message was last edited by baz1946 on 18/09/2013.



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18 Sep 2013 09:20 by claire T Star rating in Torremendo, Orihuela. 689 posts Send private message

EOS Supporter

I always advise clients to be very specific when they take out a PoA, naming exactly what they want the lawyer to do, eg sign for a specific property, open bank account, apply for NIE.  That way you don´t end up with this kind of problem.



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Claire



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18 Sep 2013 19:47 by wend691 Star rating in Lincoln & Rojales (C.... 179 posts Send private message

Have to say, although i commented on what hubby and I did, Baz is right! Maria is very helpful on this website so hopefully she will be happy to advise you smiley





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18 Sep 2013 22:41 by curious Star rating. 28 posts Send private message

Thank you for all your coments. 

We will sort it out and I am worried about upsetting the other solicitor but it needs to be sorted out.  We were in a mess after we bought the house unexpected health problems and I thought that we would have sold it by now thats why we didnt revoke it.  We were really stupid!

I will contact Maria too and ask her advice.

Nicky xx


 





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23 Sep 2013 15:06 by mariadecastro Star rating in Algeciras (Cadiz). 9001 posts Send private message

Legal Questions? Speak to Maria Direct

Official revoking of a POA needs to be done by a Notary.

You can start by sending a redistered letter or fax to those lawyers stating on your will for them not to use the POA in any case and announcing you are proceeding for formal revoking of it.

No big deal.

Kindest,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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08 Oct 2013 22:36 by curious Star rating. 28 posts Send private message

Hi Maria

Thanks for your reply.  I have contacted the solicitor but they have not replied  to our request to  go in when we are over to sort things out. I am a little worried as they haven't got back to us.

Can we go to the Notary where we have the house or do we have to go where we initially set it up with solicitor which is a long drive away?

If we notifiy solicitor that we no longer wish for them to act for us, can we do it without them being involved in revoking it?

I really do appreciate your advice.

Kind regards

Nicola
 





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11 Oct 2013 12:18 by mariadecastro Star rating in Algeciras (Cadiz). 9001 posts Send private message

Legal Questions? Speak to Maria Direct

Nicola:

Answers below in bold green ( same text as your message):

Hi Maria

Thanks for your reply.  I have contacted the solicitor but they have not replied  to our request to  go in when we are over to sort things out. I am a little worried as they haven't got back to us.

Can we go to the Notary where we have the house or do we have to go where we initially set it up with solicitor which is a long drive away? You can revoke it at any Notary. Just bring the Power to him. He will be in charge of sending the revoking to the first one.

If we notifiy solicitor that we no longer wish for them to act for us, can we do it without them being involved in revoking it? Notifying the solicitor through a registered letter or fax, would be enough for any future action using your POA to be deemed illegal, but that is not preventive enough. When you do it through a Notary, it gets official and registered. therefore safety is higher.

I really do appreciate your advice.

Kind regards

Nicola



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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11 Oct 2013 14:09 by curious Star rating. 28 posts Send private message

Hi Maria

Thank you for your reply, it is very helpful.

Kind regards

Nicola

 


 





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12 Oct 2013 05:14 by Jontym Star rating. 17 posts Send private message

I have there copy of the POA, I took it off them, as at the moment I don,t need any help, but I may do in the future, I know that is not the final answer, but until I retire and move over, I thought it the easiest option?




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12 Oct 2013 08:46 by acer Star rating. 1159 posts Send private message

Hi Jontym,

I'm not an expert, but I'm certainly not a fan of the Spanish legal system, to me it's largely dysfunctional.  But the exception is the use of Notaries, which I've found very simple, cheap and reliable.  They seem to be totally independent and there is no unnecessary formality - you just tell them what you want and it's done.

 


This message was last edited by acer on 12/10/2013.



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12 Mar 2018 11:36 by catlady Star rating. 13 posts Send private message

We gave POA to our solicitor is Spain when purchasing a house over there at the end of last year. When I popped into his office last month, to collect some documents (deeds and invoice for his service) the original POA was retained by him. I didn't give it much thought until I returned to the UK. The POA doesn't have an end date on it, so I should probably ask for it back and have it revoked. I have never heard of a solicitor using a POA without the owners consent though. Does this kind of thing happen often?





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12 Mar 2018 17:06 by johnzx Star rating in Spain. 4882 posts Send private message

I would be pretty certain that just recovering the copy of the POA (poder) would not  result in it being revoked.

  I know that the  copia simple  of an escritura is not required if one wants to sell a property. It is only a copynever the original  

A POA is probably the same.  

So I would think you would need a legal contract to withdraw it



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12 Mar 2018 18:49 by catlady Star rating. 13 posts Send private message

Thanks for your reply, johnzx. 





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