Power of Attorney

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04 May 2019 20:59 by Howie16 Star rating. 3 posts Send private message

Hi, we are trying to sell our villa in Spain,, my wife is currently in Spain, but I am confined to the UK due to immobility issues. We want to nominate someone quite quickly to act as Power of Attorney for us both. My question is can my wife arrange POA at a notary on behalf of herself whilst in Spain, and likewise can I complete a separate POA here in Spain. Naturally we wil bother be nominating the same person for both our POA's. If this is acceptable we both will not need to return to Spain after her return.

thanks in anticipation.

 

Howie





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05 May 2019 07:27 by johnzx Star rating in Spain. 5240 posts Send private message

Howie unless I have mis-read your post you appear to say you are in uk and in spain 

Nevertheless, your wife can make a poder (POA) either in Spain or U.K.,  without you and you can make make one without her in U.K.   She of course cannot make one for you (Unless she already has one for you which permits that)

Hope that helps

PS. Both my sons have unrestricted poders for me so can do anything I could do.  In your case I suggest you restrict the ones you make, to do only what you will require of them


This message was last edited by johnzx on 05/05/2019.



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05 May 2019 09:32 by Howie16 Star rating. 3 posts Send private message

Thanks John, yes I am in UK but cannot travel to Spain due to hospital appointments, my wife is there in Spain at present.  I need to do a poder from here in UK via the FOC, and she needs to do one via Spanish Notary for our son to represent us when she returns to UK if that makes sense?   We already had a joint polder but our solicitor advises us to change some of the wording and do new ones.  In this instance as wife is in Spain we need to do individual ones for our son, rather than wife having to fly back earlier to do another joint one.  I was just querying if individual ones for same POA  are acceptable in Spain.

Howie





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05 May 2019 10:53 by johnzx Star rating in Spain. 5240 posts Send private message

Hi Howie

Without reading your Poder I do not know why you have been advised to make another.  I would have thought that if you have one which authorises your son to act for you, which includes in a capacity which covers selling the property , I suspect your lawyer may just be after getting another fee from you, and that you do not need a new Poder.  The ones my sons have are over 20 years old and they are still `good`.   

Thus, I suggest you confirm why you NEED to make another.

Re FCO. If you really do need to make a new Poder,   I understand there are `Spanish notaries´ in UK.   When I was in the Philippines I used a notary who had an office near the Spanish Consulate.    Maybe Google,  or speak to Spanish consulate in UK for advice.

Joint  Poder. 

Again without seeing the document, I suspect that is a power given by each you and your wife.  Thus say if you wife was signing for the sale the person you gave the power to could act for you and sign.  So in effect the Power as I say is given by each you,  and / or,  your wife and thus they are individual  Poders albeit on the same document.





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05 May 2019 12:11 by Howie16 Star rating. 3 posts Send private message

Thanks again John, I will check on the reasons why, but my son tells me it is because the wording doesn't cover all eventualities i.e. Changing electric and water over to the buyers, closing our bank account etc.  I think it may well be an over zealous Notary in Spain we are dealing with.

Thanks again

Howie

 





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05 May 2019 13:18 by johnzx Star rating in Spain. 5240 posts Send private message

Just in passing

Last time I changed electricity and water contracts I did not need anything from the previous consumers.  

And you probably can close a bank account online or by a `snail-mail´ letter. Ask your bank

Up to you, but check before you go to the expense and trouble.





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