Spanish Power Of Attorney Without Capacity
Description
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FAQ
A UK Lasting Power of Attorney is highly unlikely to be recognised in Spain on its own, without further process. However, there are steps that you can take to get the LPA validated by the Spanish authorities to enable the LPA to be recognised in Spain and therefore the attorney to deal with the donor's Spanish assets.
It is important to say that the Power of Attorney will not be valid in Spain without the Apostille from the Hague (Convention of 5 October 1961). More information about The Hague Apostille through this link. It is also possible to grant the Power of Attorney at the Spanish Embassy or Consulates.
Primary tabs. In contract law, a person's ability to satisfy the elements required for someone to enter binding contracts. For example, capacity rules often require a person to have reached a minimum age and to have soundness of mind.
To arrange a power of attorney, you visit a notary's office, show your NIE (identification number in Spain) and pay an administrative fee (the Poder de pleitos or poder general). The cost is usually between 25 and 50 euros. You can cancel a power of attorney at any notary office in Spain.
In order to execute a durable power of attorney, a client has to have contractual capacity. Contractual capacity means that the person has the ability to understand the nature and effect of the act and the business being transacted.
