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10 Jul 2009 00:00 by ElSordo Star rating. 8 posts Send private message

As a first-time poster, I accidentally posted this first in the Healthcare forum, I hope a moderator can remove it? (I can't link to it as I have <10 posts...)

In 2002, we granted 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.

The POA was originally drafted by a Notary here in Ireland and subsequently translated (with the apostilla Convencion de la Haya). Is it 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 through a Spanish Notary?

Many thanks for any advice you can offer!





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10 Jul 2009 16:00 by mariadecastro Star rating in Algeciras (Cadiz). 8578 posts Send private message

mariadecastro´s avatar

Answer already here:  http://www.eyeonspain.com/forums/posts-long-6637.aspx



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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10 Jul 2009 17:49 by ElSordo Star rating. 8 posts Send private message

Thank you, Maria. The only difficulty is that, unfortunately, we won't be in a position to travel to Spain/find a new lawyer for a little while, but I am anxious to revoke the existing POA as soon as possible. My reading of the existing document is that it would be technically/legally possible for this lawyer— "on our behalf" — to sell our parcela, or enter into arrangements with co-proprietors (we own a % share in a rural parcela in proindiviso) — without our knowledge or approval. I know this may sound paranoid, but I have serious reasons to be concerned, which I naturally don't want to divulge here on a public forum.

This is why I'd like to know whether we can simply go to an Irish Notary and complete a Deed of Revocation, or whether this has to be done by a Spanish Notary.

 





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10 Jul 2009 21:45 by mariadecastro Star rating in Algeciras (Cadiz). 8578 posts Send private message

mariadecastro´s avatar

Just a lawyer needed here. As the POA is nmot registered within the Spanish Notary system , there is no point to go to a Spanish Notary. A commun Notary system is needed in Europe by the way!



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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11 Jul 2009 22:13 by ElSordo Star rating. 8 posts Send private message

Gracias otra vez, Maria!





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11 Jul 2009 22:16 by ElSordo Star rating. 8 posts Send private message

Just an afterthought: one consequence of this will be of course that the lawyer will no longer be authorised to operate our bank account, so I presume I should notify the bank to that effect?





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