Power of attorney
A power of attorney is a formal written authorisation by which one person (the principal) grants another (the attorney or agent) the capacity to act on his behalf and in his name. It is a useful tool in a number of situations where you cannot be present to decide, approve or sign documents of a great many diversity of matters - personal, corporate, commercial, administrative, legal, etc.; therefore, it is a practical and common method of delegating authority. Generally, by virtue of the power of attorney the agent is legally authorised to carry out acts on the grantor’s behalf which might have legal implications for him. In Spain, this type of legal document must be authorised and witnessed by a Public Notary, who ensures the grantor’s knowledge and understanding of the contents and the subsequent effects of the document that is being executed before him.
Each power of attorney is to be drafted according to the requirements for which it is intended and the faculties to be delegated. It should be carefully considered and tailored to meet personal circumstances and, in some cases, assessing the granting of a wider range of powers, and also the way the solicitor might need to interact with third parties involved allowing in such a way for a more ample scope of representation. Your full awareness and understanding of the faculties you are granting is particularly important, as all sorts of decisions will be made on your behalf by someone else that you must trust. Powers of Attorney can be restricted or unrestricted and limited or unlimited in time.
A power of attorney is only valid if you are mentally competent when you sign it. Remember, it can be revoked at any time. This annulment should be in writing, witnessed by notary public and delivered to the attorney-in-fact and any other third party with whom he might have been in contact or involved (e.g., your bank).
At Lia Law Independent Advisors, we can provide guidance and assistance in the signing of a Power of Attorney within the Spanish territory complying with the Spanish regulations, and before a Public Notary. Furthermore, we can help you formalise this document also in your home country so it is valid in Spain by providing the specific contents of the document in both languages and very detailed instructions for the witnessing and legalisation formalities.
We pride ourselves on always offering a dynamic and very efficient service.
Will, generally, is the faculty of the mind that selects, at the moment of decision, a desire among the various desires present; it itself does not refer to any particular desire, but rather to the mechanism responsible for choosing from among one's desires.
A Power of Attorney is a document in which an individual appoints someone to serve as his Attorney-in-Fact or as his agent. This individual may handle the financial affairs of such a person as if the agent or Attorney-in-Fact owned the property himself.
The Apostille is attached to your original document to verify it is legitimate and authentic so it will be accepted in one of the other countries who are members of the Hague Apostille Convention.