The benefits of obtaining a power of attorney in Spain
How to get your power of attorney in Spain
It is not always possible for those buying property in Spain to be there during all parts of the transaction. If you are a non-resident then ensuring you are available for signing contracts can be tricky. This is where obtaining a power of attorney in Spain becomes so useful.
In fact, the power of attorney in Spain makes it possible for you to purchase your property without being here at all! The principle is simple. You give your permission for someone to conduct the legal side to your purchase on your behalf.
Of course, you need to choose your representative with care. It must be someone who you trust and, of course, a firm like Ábaco is ideal. Every year we are given power of attorney in Spain by hundreds of our clients to enable us to act on their behalf. They do not have to book flights out at inconvenient times or spend hours in the notary office. Instead we complete the signing for them.
You have to specify in the power of attorney how long you want it to be valid. If you don't state anything then the power will continue indefinitely. Ábaco normally signs the power of attorney for two years as this is sufficient time in which to be sure that the purchase is completed. Even new build propertysales should be signed for in this time.
The power of attorney in Spain (Poder Notarial) is a legal document that must be signed in the presence of a Spanish notary. The document clearly indicates the limitations of the power, for example signing documentation for a house purchase.
There are other times when a power of attorney in Spain might be useful. It can be used to help manage the finances of a parent living in Spain who is having difficulty keeping up with the paperwork. It can help with probate when a relative dies leaving Spanish property to a non-resident and is also useful if you are selling a property and do not want to wait around in Spain whilst the transaction goes through.
Obtaining power of attorney in Spain can also be useful if you or a relative needs an NIE (tax identification number) but is unable to come to the country to obtain one. The NIE is required by foreigners for many different purchases including buying a car and also when it comes to inheriting property here.
You can get the power of attorney either in your own country or in Spain. If you are in your home country your solicitor in Spain will draft out a document in both languages so that the notary in your own country is able to act as a witness when you sign it. This is a very special function and can only be carried out by a public notary.
If you do organise a power of attorney through a a foreign notary then the document will need to be validated with the seal of the Apostille of the Hague. This is a stamp that is used to legalise procedures and make sure that they are valid. You can also go to the Spanish Embassy where the power of attorney can be signed for without the seal of the Apostille.
If you are able to come to Spain, the power of attorney can also be made here. You can go directly to the Spanish Notary's office where it can be authorised. This document will be in Spanish only so you will need to have it translated to be clear about exactly what it says.
Once the transaction has taken place there is no need to revoke the power of attorney. It automatically ends after the period of time has elapsed that you specified. All in all, it is a very useful means of continuing your business in Spain without disruption to yourself.