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POWERS OF ATTORNEY FOR USE IN SPAIN

         

                                                                FREQUENTLY ASKED QUESTIONS                         

                                                                 

                                                                                          1Can I appoint more than one attorney in a Power of Attorney?

                                                                                           2. How long will my Power of Attorney be valid for?

                                                                                           3. Does my attorney need to be a lawyer?

                                                                                           4. Can I sign a Power of Attorney together with my spouse or partner?

                                                                                           5. Who needs to sign the Power of Attorney if the grantor is a Company?

                                                                                           6. Can I revoke my Power of Attorney?

 

 

                                                                             

 

 

 

                                                                             

                                                                          

 

 

 

 

                                                                             

 

 

 

                                                                           

                                                                              

                                                                              

                                                                                  

 

 

 

                                                                              

                                                                                 

 

                                                                               

                                                                                

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                             

                Terms and Conditions - Copyright 2008 JPS LEGAL Ltd. Registered in England and Wales under no. 6497001. Registered Office: 145-157 St. John Street, London EC1V 4PY                      

  

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1. Can I appoint more than one attorney in a Power of Attorney?

Yes, you can appoint as many attorneys as you want or need. However, if you appoint more than one attorney, you will need to specify whether you appoint them so that they can act separately or whether your intention is that they have to agree and act together when doing something on your behalf.

2. How long will my Power of Attorney be valid for?

If the Power of Attorney does not mention an expiration date, the powers will have been granted to the attorney for an indefinite period (until the Power of Attorney is revoked - see question 6 on revocation). You can request us to include an expiration date in your Power of Attorney, but you have to make sure to allow enough time for all the necessary acts to be done by your attorney and also consider the possibility of delays in transactions. If you include an expiration date and the transaction has not been finished by that date, your attorney may need a new Power of Attorney to act on your behalf.

3. Does my attorney need to be a lawyer?

Not necessarily. For most transactions, you can appoint any person you want to represent you. Many people prefer appointing a relative or a friend in Spain who they trust to deal with their property or matters. Others prefer to leave their matters in the hands of professional lawyers or agents. In any case, you need to appoint an attorney who you trust, as the powers given may allow your attorney to deal with your property in a wide way. A lawyer may be the only option for certain things like court cases.

4. Can I sign a Power of Attorney together with my spouse or partner?

Yes. There can be more than one grantor in a Power of Attorney. For example, if you and your spouse are buying a house jointly and you need someone to deal with the purchase in Spain, it makes sense to execute only 1 Power of Attorney by which you both give the necessary powers to your attorney. You can also grant a Power of Attorney together with any other relatives or with a friend or friends.

5. Who needs to sign the Power of Attorney if the grantor is a UK Company?

A Power of Attorney will be a deed of the Company and, as such, it will need to have the signature of either 2 Directors, 1 Director and the Company Secretary, or 1 Director who also affixes the Company Seal to the Power of Attorney.

6. Can I revoke my Power of Attorney?

Yes, a Power of Attorney can be revoked at any time. You will need to notify your attorney that you have revoked the powers granted by the Power of Attorney. It may also be necessary to sign a formal revocation deed. Get in touch with a lawyer if you intend to revoke a Power of Attorney.

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