Do you need to grant power of attorney to someone in Spain?

You will need to grant a valid Spanish Power of Attorney.

Spanish Power of Attorney- Steps needed.

Decide who to appoint.

Instruct a solicitor / lawyers (in the UK) qualified to authenticate and certify signatures and documents for use abroad to draft the power of attorney.

Notaries in the UK are lawyers qualified to authenticate and certify signatures and documents for use abroad. Unlike Spain where Notaries are Local government buildings.

To legalize the Spanish Power of Attorney document once drafted it needs to be sent to the Foreign and Commonwealth Office in London or Milton Keynes with correct prepayment and a request for an Apostille to be attached to the Notarised document. Your solicitor will be able to assist you in this.

An Apostille is a certificate attached to the Power of Attorney that allows the document to be recognised in Spain immediately.

Decide what powers your representative will have/need.

What powers are you giving them - namely signing of property documents. The power to buy, sell, inherit and take Court action in Spain, handling your bank accounts and tax affairs. Plus additional clauses - if required, for example control over what happens to you if you have an accident or an illness and can’t make your own decisions (you ‘lack mental capacity’).

An alternative to dealing with the process of granting a Spanish Power of Attorney from the UK is to attend the Spanish Embassy in London or a Spanish Consulate elsewhere dotted around the UK if you wish.

Delivering a Spanish Power of Attorney

Once the Spanish Power of Attorney has been legalized, the document will need to be delivered to the people/ person who needs to represent you.

If your Spanish Power of Attorney is based in Spain then the document will need to be sent to them via registered / recorded post or if needed urgently then a courier service.