power of attorney

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24 Jan 2009 00:00 by willoughby Star rating. 53 posts Send private message

 

can anyone give me an insight here as i am a little in the dark

what happens with your power attorney after the sale of the property etc.

our power of attorney was our solicitor representing us in the purchase of our place in spain.  he was also the brother of the bank manager and they have both moved on.. a friend of mine put to me that i needed to address the power of attorney side of things but didnt go into detail.

a few years have past now & would like to learn more about my spanish paperwork documents etc and realise i have been too laid back in a lot of areas.

kind regards

 





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26 Jan 2009 17:20 by sandra Star rating in . 771 posts Send private message

sandra´s avatar

Hi Willoughby,

I think your post would attract more help if you put it on the 'Spanish Lawyers' thread.

Power of Attorney is not strictly a health related question unless it is in relation to  someone with  diminished mental capacity. Even so it is still a legal matter that needs expert advice rather than the general advice you might receive on this thread.



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26 Jan 2009 19:53 by willoughby Star rating. 53 posts Send private message

sandra

yes i agree sorry for that.. i am very new to all this and guess maybe i have been a little over eager to communicate

first time a forum member

regards





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26 Jan 2009 23:05 by PaulandJane Star rating in Walsall, West Mids. 68 posts Send private message

I to would be interested to find information on this issue. Any ideas who to contact ??



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27 Jan 2009 05:41 by mariadecastro Star rating in Algeciras (Cadiz). 8578 posts Send private message

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Willoughby:

You can start by sending a certified notice to former lawyers on your will to cancel your  old Power of Attorney and then you can communicate it to him through Notary conduct ( Notary to Notary communication on Power of attorney´s revocation)

Was the POA an specific one for the purchase of a determined property or an open-general one for purchases in Spain?

Best,

Maria

 



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Director www.costaluzlawyers.es

El blog de Maria



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27 Jan 2009 16:16 by Marksfish Star rating in Sandy, Bedfordshire/.... 2413 posts Send private message

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Hi Maria

I was going to see my solicitor in February to revoke my POA which is a general "manage my affairs" POA. I am also changing bank accounts so they will not have the authority for that any more either. So basically I still have to go to a notary to revoke the poa?

Thanks

MArk



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28 Jan 2009 08:01 by mariadecastro Star rating in Algeciras (Cadiz). 8578 posts Send private message

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Yes, most advisable. It is a very easy procedure. You just need to go to a Notary office with a copy of your Power and ask him to revoke and communicate the revoking to the curent holder of that Powe of Attoney.



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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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28 Jan 2009 08:05 by Marksfish Star rating in Sandy, Bedfordshire/.... 2413 posts Send private message

28 Jan 2009 08:23 by mariadecastro Star rating in Algeciras (Cadiz). 8578 posts Send private message

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Sure Mark !

Maria 



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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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10 Jul 2009 14:33 by ElSordo Star rating. 8 posts Send private message

Sorry to ressuscitate an old query, but I'm in a similar situation to Marksfish.

In 2002, we gave power of attorney to an abogado in Cadiz province in relation to a property transaction and it has remained effective ever since. For reasons which I won't go into here, we need now to revoke this power of attorney and appoint a new lawyer to act on our behalf. Is it possible for us to do this without alerting the original abogado until after the fact? We're sorry to have to act in this manner, but there has been a serious impropriety on his part and we can no longer have confidence; as things stand, he is empowered in a very broad sense to "manage our affairs" and I would like to secure our interests without forewarning him...

Also, the POA was originally drafted by a Notary here in Ireland and subsequently translated (with the apostilla Convencion de la Haya). Maria, are you saying that it is sufficient for us to return to the Irish Notary and complete a Deed of Revocation, and then send this to our lawyer in Cadiz? Or do we need to do it with a Spanish Notary?

Many thanks for any advice you can offer!





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10 Jul 2009 14:39 by ElSordo Star rating. 8 posts Send private message

Oh, I'm sorry, I've just noticed this thread is in the Health forum (?!) so I'll repost my query in a more approriate place!





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10 Jul 2009 15:58 by mariadecastro Star rating in Algeciras (Cadiz). 8578 posts Send private message

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Dear Elsordo:

If you are starting a new action regarding the property, just the communication of the new legal work being started by a different lawyer will be enough to have him stopping any deal on your behalf.

Your same new lawyer will be able to issue the revokation notice on your behalf.

Best regards,

Maria L. de Castro



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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10 Jul 2009 17:47 by ElSordo Star rating. 8 posts Send private message

Thanks, Maria! I've added more on the other thread... I still can't post a html link here, but it's in the "Spanish Lawyers" forum.





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