Called a "poder" in Spanish, a Power of Attorney is a convenient and commonly used way of finalising transactions in Spain by authorising a trusted representative, such as an Ábaco solicitor, to sign relevant documents on your behalf.
Any Power of Attorney raised on your behalf will list all the actions that can be carried out by the recipient for your benefit, and this will be signed in front of a Public Notary. The type of actions that Ábaco will be allowed to carry out will always be discussed with the client according to the requirements of the specific transaction for which it is needed. Please note that a Power of Attorney will not necessarily include the facility to access a bank account – this will only be added if and when the specific circumstances of the particular transaction require it, and will have been agreed by the client. All actions you are permitting by signing the Power of Attorney will be very clearly explained to you beforehand. In addition, for the actual signing of the document at the office of the Public Notary, you will be accompanied by an assigned translator who will translate the document for you verbally and then sign the official copy to confirm the content has been translated.
We will advise you as to whether we believe that, in your particular case and circumstances, you should grant Power of Attorney in favour of Ábaco's solicitors or whether it is preferable for you to be available to sign the documentation (eg property Title Deed) in person at the Notary's office.
If we consider it preferable for you to sign a Power of Attorney but you are unable to be in Spain to sign the document and therefore have to sign it in your own country, we will provide you with very specific instructions along with the exact text to be used so as to avoid any problems with the legal validation of the document in Spain. Therefore, if you need to sign a Power of Attorney in your home country please contact us before taking any action, click here to send an email to our Legal Department.
