Guide to conferring Power of Attorney

Questions relating to buying or owning a property. Moving to Menorca Sub-forum: moving to, or living and working on Menorca
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kieronf
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Guide to conferring Power of Attorney

Post by kieronf » August 17th, 2017, 10:24 am

Having just completed the process of conferring Power of Attorney on my solicitor in Menorca I thought it might be useful to outline the process for those who may be interested -

1) Secure the services of a recommended solicitor and have them draft a general power of attorney document and email/post it to you. This should be formatted in A4, two columns to the page. The Spanish language text should appear in one column, the English translation in the other.

2) Unless your Spanish is good enough (or you can trust the solicitor implicitly) have the Spanish translation checked to ensure it matches the English version.

3) Find a Public Notary in your area by visiting the Notaries Society website - https://www.thenotariessociety.org.uk/. Make an appointment to visit in person and have one copy of the document for each person concerned ie if husband and wife are buying a property in joint names, they must each have a power of attorney in their name. You must also bring your passport(s) with you, NOT copies.

4) In the presence of the Notary you will sign the PoA, they will then notarise the document with their official embossed stamp and their signature then they will bind the document together. The PoA will have a notarised copy of your passport attached to the bound document.

5) Visit the Foreign & Commonwealth Legalisation Services website at -
https://www.get-document-legalised.serv ... ct-serviceand follow the prompts. You will be asked to answer prompts to ensure the document has been notarised etc. The legalisation service costs £30 per document and you can make payment online during the process. Once payment has been taken you are prompted to print a cover sheet that consists of a barcode and postal address for the FCO.

6) Post your PoA(s) to the FCO by registered post. The FCO will certify them as being officially notarised in the UK by attaching their own seal to the documents known as a Hague Apostille. This process usually takes about 4 days and when complete the FCO will either return the documents to you at the address you specified during the registration process OR they will courier the PoA direct to your solicitor in Menorca if you specified this option during the registration process. The courier fees are also taken at the time of registration payment and cost £13 for Europe.

7) The PoA should arrive with your solicitor within 7 days and you will receive an email with DHL tracking information from the FCO to that effect.

in.di.go
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Re: Guide to conferring Power of Attorney

Post by in.di.go » September 11th, 2019, 8:47 am

Thanks for this guide; it is well written and informative.

Just a question - I had read about a change in the rules from a few years ago:

"A 2016 ruling by the Spanish legal authorities states that Powers of Attorney (POAs) witnessed by British notaries public are not longer valid in Spain because British notaries do not have the equivalent function of Spanish notaries. "

Has anyone had experiences with this in the last couple of years and how strictly is it enforced?

We've just sold our place on the island so will be getting someone to complete the deal on our behalf.

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Re: Guide to conferring Power of Attorney

Post by kieronf » September 11th, 2019, 11:21 am

I used the POA, obtained as above, to confer authority on our solicitor to open bank accounts , obtain NIE etc. On the day we purchased our property at the notaries office, the solicitor was present, acting in her capacity of POA for my wife who was abroad at the time - that was May 2017.
The law has been relaxed in as much as many documents that were previously required to be notarised - bank statements, marriage certificates and so on - no longer need to be notarised. Any document relating to ID still does.

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Re: Guide to conferring Power of Attorney

Post by in.di.go » October 6th, 2019, 10:10 am

A short update to say that we found that this can also be done at the Spanish Consulate in London, for those who happen to live in the area.

Got an appointment a couple of weeks after requesting one, visited at the agreed time, they drew up the PoA in Spanish and explained everything that was being added, sent us upstairs to sign it in front of the relevant official, and we then paid £35. All done in about an hour.

I think this works out a lot cheaper than the solicitor/notary/legalisation route and has the added advantage of all being done in just one visit, although I do appreciate it will not be suitable for everyone (due to geographic restrictions).

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