Whether you are able to travel to Spain or not, the power of attorney can make the process of buying a property here a lot easier. In this article we explain what it is and how to go about making one.
A power of attorney or ‘Poder Notarial’ is a written authorisation that allows someone you trust to represent you in legal matters or transactions. It has many uses including obtaining an NIE and enabling transactions during the inheritance process. If you are considering buying a property in Spain then the power of attorney can make the whole process much easier, whatever your travel plans.
It is important that the Spanish power of attorney is only given to someone who you trust. It is a powerful document and you should choose your representative carefully. Most people prefer to delegate this to a solicitor who is familiar with the process.
Your power of attorney will have parameters and you will need to limit how far the power extends. So for example, you might just give your permission for someone to sign documents on your behalf when it comes to purchasing a property in Spain. A solicitor will advise you.
How to make the power of attorney
It is important that you get a good Spanish solicitor to draft the document for you, ensuring that the correct terminology is used. You can either:
- Go to a Spanish notary in Spain
- Go to a notary in your own country
If you are able to travel to Spain then you can go to a public notary here to have your power of attorney (POA) authorised. The document will be written in Spanish so if you are not fluent yourself you will want someone to translate it for you.
In your own country
If you cannot come to Spain you can still make a POA in your own country by visiting a notary there instead. Your Spanish solicitor will draft the document in a bilingual version so that the notary can witness you signing the document and knows what it says.
The POA will need to have an Apostille of the Hague. This is a stamp that is attached to the original document in order to confirm that the signature, seal or stamp on the document is genuine. The Apostille is obtained from the Foreign Office.
If you happen to live near the Spanish Embassy in your home country then the POA can be authorised there.
Finally, the POA will need to be translated into Spanish by an official translator. You will need a ‘Sworn’ translator who is specially qualified and registered for this purpose. They sign and stamp their translation, which again confirms its authenticity. Don’t worry if this makes the process sound complicated. Your solicitor will have enabled thousands of these and be able to steer you in the right direction.
Once you have the POA then the legal process can continue without you being there in person. There are a number of signings and procedures that must be carried out during the conveyancing or inheritance process. The good news is that the POA means that someone can do these on your behalf.