A POWER OF ATTORNEY is a legal document that authorises one person to act on behalf of another person in various legal or business matters. In Spain, a Power of Attorney is known as a "Poder" and is an essential legal instrument that provides flexibility and convenience to the parties involved.

It allows the appointed person to undertake certain legal, financial, or administrative tasks without the presence of the person who granted the Power of Attorney.

It is particularly useful to people purchasing or selling a property in Spain, or to homeowners who don't live on the Costa Blanca full-time.

In this article, we will discuss the Power of Attorney in Spain, its significance, and the reasons why you may want to give a Power of Attorney to your lawyer or estate agent in Spain.

Buying or selling a property with a Power of Attorney

A Power of Attorney in Spain is a document that gives a third party, the "attorney-in-fact," the power to act on behalf of the person who grants the power, known as the "grantor".

This document can be granted for a specific or general purpose, depending on the requirements of the parties involved.

A Power of Attorney can be granted for a specific task, such as buying or selling a property, opening a bank account, or signing a contract, or it can be granted for general purposes, such as managing the ongoing financial affairs of the grantor.

One of the main advantages of a Power of Attorney is that it provides flexibility and convenience to the parties involved. It allows the grantor to delegate tasks to a trusted professional who has the necessary expertise and qualifications to handle the matters.

In addition, it can save the grantor time and effort, as they do not need to be physically present to carry out legal or administrative tasks. This can be especially useful for holiday home owners who live overseas or people who don't have residency in Spain.

Should you give a Power of Attorney to your lawyer in Spain?

There are several good reasons why you may want to give a Power of Attorney to your lawyer in Spain. Firstly, if you are a non-resident in Spain, having a lawyer with a Power of Attorney can make it easier for you to manage your legal affairs.

Your lawyer can handle legal matters on your behalf, such as signing contracts or representing you in court. This can be particularly helpful if you do not speak Spanish fluently or if you are unfamiliar with the legal system in Spain.

Secondly, if you are planning to buy or sell a property in Spain, having a lawyer or an appointed estate agent with a Power of Attorney can make the process smoother and faster.

Your lawyer can handle all the legal aspects of the transaction, including drafting and reviewing contracts, dealing with the notary, and registering the property in your name. This can save you considerable time and money and ensure that the transaction is carried out correctly.

Thirdly, if you are planning to start a business in Spain, having a lawyer with a Power of Attorney can be advantageous.

The Power of Attorney for businesses in Spain

Your lawyer can handle the legal and administrative tasks related to setting up a company, such as registering the business, obtaining the necessary licenses and permits, and drafting contracts with suppliers and clients.

In conclusion, a Power of Attorney in Spain is a powerful legal instrument that can provide flexibility, convenience, and peace of mind to the parties involved.

Giving a Power of Attorney to your lawyer or estate agent in Spain can be a wise decision, especially if you are a non-resident or unfamiliar with the Spanish legal system.

Your lawyer can handle legal matters on your behalf, save you time and effort, and ensure that your affairs in Spain are managed properly and comply with local and national regulations.

Contact us today and find out how a Power of Attorney might be beneficial in your circumstances.