Revoking a Power of Attorney

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17 Feb 2018 09:40 by carolla Star rating. 6 posts Send private message

An elderly friend of mine who lives in Spain would like me to become a Power of Attorney in Spain.

I am not sure whether I want to take this on. If I do and at some later stage decide it is not something that is in our best interests as I cannot give the lady the time that running her affairs deserves, can I as the Attorney cancel my power of attorney please?

If so, how would I go about doing this?

I know the donor (ie elderly lady) has the right to cancel any POAs but I do not know what the procedure is should the attorney wish to cancel the POA.

Thank you for any help.

carolla

 

 





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17 Feb 2018 12:14 by johnzx Star rating in Spain. 5036 posts Send private message

A poder (POA) gives you power to act.   It does not compel you to do so.  You do not need to cancel it

 Thus if you choose not to exercise the power,  so be it 

If the person at anytime decides to give the poder to another then they can so before a notary as they did with you x

 


This message was last edited by johnzx on 17/02/2018.


This message was last edited by johnzx on 17/02/2018.

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17 Feb 2018 15:17 by carolla Star rating. 6 posts Send private message

Thank you John for your reply - that is helpful and re-assuring!

Carolla





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20 Feb 2018 08:18 by mariadecastro Star rating in Algeciras (Cadiz). 9116 posts Send private message

Legal Questions? Speak to Maria Direct

Carolla:

You would just be obliged to attend future demands if a contract was signed or Law made it compulsory for you.

Civil obligations in Spain come from law, from contracts and quasi-contracts and from unlawful acts or omissions in which any kind of fault or negligence intervenes. 

A power of attorney, as John very well said, gives faculties to you but does not obligue you by itself.

​​


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20 Feb 2018 09:32 by carolla Star rating. 6 posts Send private message

Thank you for your reply Mariedecastro.

carolla





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22 Feb 2018 10:38 by mariadecastro Star rating in Algeciras (Cadiz). 9116 posts Send private message

Legal Questions? Speak to Maria Direct

Very welcome!



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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