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Spanish Power of Attorney

If you want to give a professional, such as a lawyer, or a family member the power to manage your property, business or investments in Spain, you need to issue a Spanish Power of Attorney. A Power of Attorney is a legal document to appoint trusted individuals (‘Attorneys’) to make important decisions on your (the ‘Donor’) behalf.

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Experts is Spanish Power of Attorney

Claudio Rodriguez Lawyer at Del Canto Chambers

Claudio Rodriguez

Lawyer / Agogado.

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Monica Navarro Lawyer Del Canto Chambers

Mónica Navarro

Chief Legal Counsel

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Our clients have the word

We bought our property near Alicante in 2007 with a mortgage through Banco Guipuzcoano the bank was later absorbed by Banco Sabadell. I read in the press about the mortgage Floor Clauses and Mortgage Expenses applied by the banks which the Spanish Courts have judged illegal. We redeemed our mortgage in 2017 with the bank. I contacted Del Canto who managed our claim front to back with no need for us to go over to Spain. The result is the return of £19k to us. Julio Prieto and the team in Spain and the UK kept us informed throughout process. I am therefore very happy to recommend Del Canto Chambers.We can recommend Del Canto Chambers and would not hesitate in using them in the future for any further legal work we require.
Owen Stafford
Owen Stafford
My wife and i recently obtained our Golden Visa TIE´s for which we would like to thank Del Canto Chambers for all the work they did to enable us to achieve this. A special thanks to Julia Moreno who diligently worked with us to make the application and subsequent approval as easy as possible. We would thoroughly recommend Del Canto Chmbers.
Christopher Featherstone
Christopher Featherstone
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Need to grant Power of Attorney in Spain?

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What is the purpose of a Spanish Power of Attorney?

It is common in Spain for international clients to grant Power of Attorney to legal firms so that lawyers can deal with matters on behalf of their clients when they are not in Spain. A Power of Attorney will often be the most practical way of enabling a Spanish lawyer to undertake tasks and sign documents on behalf of their clients so they do not have the expense and the inconvenience of having to attend in-person to sign or authorise each part of a legal matter.

What is a Spanish Power of Attorney?

In Spain, a Power of Attorney is a written authorisation signed before a Notary public, in favour of a third party. It is a practical way of delegating authority to a person who will then be legally authorised to carry out certain acts with tax and legal implications.

What clauses should be in a Spanish Power of Attorney?

A Power of Attorney in Spain can be general or specific in nature, depending on whether the powers required are wide-ranging and long-lasting, or if it is issued for a specific transaction or legal act. Examples include the power to open, close and operate bank accounts, make payments, pay taxes, submit forms and send and receive notifications to and from different authorities.
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What should you consider before granting Power of Attorney to a lawyer?

The most important matter to be considered when granting a Power of Attorney is to draft carefully the authority and consider the financial implications of potential negligence. The appointed lawyer must have a Professional Indemnity Insurance with a premium equivalent to the value of the assets over which he or she will have control.

What are the duties of a Lawyer when acting as Power of Attorney?

It is good practice for the grantor to discuss and confirm in writing any expectations they have for their lawyer. The appointed lawyer’s primary duty is to abide by the terms of the Power of Attorney and they can only act to the extent of the instructions given.The lawyer must always check with their client prior to any making any important decision or action and keep detailed records of all transactions entered into on behalf of the Donor. The lawyer must act in the Donor’s best interest and avoid any conflicts of interest. The Attorney would be responsible for any damages suffered by the Donor as a result of the Attorney’s negligence.

Are there time limits in Spanish Power of Attorney?

Spanish Powers of Attorney do not expire on a set date unless a time limit or an expiry date for the Power of Attorney has been set out in the document. The Donor who has given the Power of Attorney can revoke it at any time.
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How are Powers of Attorney terminated?

The Donor can revoke the Power of Attorney and any time by executing a Deed of Revocation of Power of Attorney. The Deed of Revocation does not need to be authorised by the same Notary before whom the Power of Attorney was executed. After execution, the Notary will notify the Attorney of the revocation.If the Power of Attorney was drafted for a set mandate it is always advisable to revoke it once this has been completed and to ask the Attorney to return to the Donor the original Deed of Power of Attorney and any copies that he may have obtained from the Notary’s office.Powers of Attorney are also automatically terminated by the insolvency, loss of capacity or death of either the Donor or the Attorney. The Attorney is free to resign at any time.

How do you arrange a Power of Attorney in Spain/ UK?

Your lawyer will draft a Power of Attorney in both Spanish and English (unless you speak fluent Spanish) which then be signed by you in front of a Notary (who will need to verify your identity by reviewing official documents such as a passport) either in Spain or in the country where you will be signing it. If the Power of Attorney document is being signed with a Notary in the UK, it will also need to be legalised after signing with The Hague Convention Apostille by the Legalisation Department of the Foreign and Commonwealth Office so that it will be valid for use in Spain.

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You can more about what clients have to say, about working with Del Canto Chambers here below.

CLIENT TESTIMONIALS

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Let us help with you with a Spanish Power of Attorney

Del Canto Chambers specialists are constantly up to date with new legislative changes and aware of any Spanish tax and legal implications. Contact our Spanish legal and tax specialists to find out the best tax planning and corporate structures in your circumstances.
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Testimonials

Del Canto Chambers undertook instructions from ourselves regarding a floor clause claim against our Spanish bank which holds our mortgage. During this time, our main point of contact has been Eva de Francisco. Recently the case has been found in our favour and we have been happy to receive a refund of over payment of interest of just under 9K€. We have been guided through the procedure by Del Canto Chambers, specifically in the preparation of the case ensuring the correct documentation and necessary authorities were in place. During the complete process, Del canto Chambers demonstrated diligence and professionalism. We can recommend Del Canto Chambers and would not hesitate in using them in the future for any further legal work we require.
Andrew and Hilary Hodge
Andrew and Hilary Hodge
We bought our property near Alicante in 2007 with a mortgage through Banco Guipuzcoano the bank was later absorbed by Banco Sabadell. I read in the press about the mortgage Floor Clauses and Mortgage Expenses applied by the banks which the Spanish Courts have judged illegal. We redeemed our mortgage in 2017 with the bank. I contacted Del Canto who managed our claim front to back with no need for us to go over to Spain. The result is the return of £19k to us. Julio Prieto and the team in Spain and the UK kept us informed throughout process. I am therefore very happy to recommend Del Canto Chambers.We can recommend Del Canto Chambers and would not hesitate in using them in the future for any further legal work we require.
Owen Stafford
Owen Stafford
Wow, what a refreshing experience – from start to finish the Del Canto team were extremely professional, responsive, knowledgeable and supportive throughout the process of forming a Spanish company and helping transition of our working lives from the UK. Julio in particular went beyond expectations to coordinate everything efficiently. Thank you! The meeting was encouraging so we formally instructed them to act on our behalf to pursue a claim against the Menorcan bank. During the investigation we were kept up to date regularly and after delays created by the pandemic, we finally heard the Spanish High Court had found on our behalf and award a substantial amount. So a very big thank you to all the team and wish them well for the future.
Andy Wright
Andy Wright
I have worked with Del Canto Chambers through a number of clients and have found them to be an extremely useful resource on International tax matters. Del Canto knowledge and proactive approach is greatly appreciated by clients, and has helped them develop a strong reputation in the marketplace. Julio in particular went beyond expectations to coordinate everything efficiently. Thank you! The meeting was encouraging so we formally instructed them to act on our behalf to pursue a claim against the Menorcan bank. During the investigation we were kept up to date regularly and after delays created by the pandemic, we finally heard the Spanish High Court had found on our behalf and award a substantial amount. So a very big thank you to all the team and wish them well for the future.
Azad Majid
Azad Majid
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