Sol

In Spain.

I now own half of a property in Spain. The other owner has a power of attorney (over?) me. They have a power of attorney, but I'm unclear as to what that really means. I have no power of attorney, and I agreed that they would have this power. I have no idea how long this power lasts for. It's complicated, but let's just say I shrugged my shoulders, and basically said, 'If you say so'.

As far as I knew, it meant that they could sign documents on my behalf, say if I weren't there. Does this mean any document and therefore pretend to be acting on my supposed intent? Or could it be restricted to documents relating to the property only, or to a wider range of documents?

Could having the power of attorney mean that they could change the 'Escurita' or what I think I am referring to as the deeds of the property?

Does having a power of attorney imply 'over'? Meaning I am powerless? What could make me 'powerless', in this sense?
My mere absence?

FWIW, I also now have a Spanish will that states my intentions for my property/goods in Spain.

greg

Is this through a Spanish limited company?

If so, effectively this "other owner" has all the authorization to do what they want with this property.

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Sol

No, it isn't, it is through a family member.

Although not a blood relative, should that matter.

Sol

Another question, could I rescind/revoke that PoA? (without causing great upset to the other person?!)

greg

Ok. In essence this family member has "authorization from you".

Authorization to do whatever is legal with this property...

Rent... Sell... In your name

Not sure...

Why not simply ask him/her?

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Sol

Thanks.

I had a feeling that this affair was like opening the proverbial can of worms.

I shall have to tread carefully, methinks, in this regard.

Again, I appreciate the swift reply.

greg

My pleasure! Hope it all works out for you...

P.S. I strongly recommend talking to a lawyer though, they will know all the ins and outs of your situation!

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Sol

I figured that... I have been in and out of the Spanish notary's offices for some time to know, actually, if I may depart from my original post, what a pleasant and easy transaction the whole thing can be! Seriously. It was worth it just to meet these guys in lavish offices with a desk about a mile wide by half a mile deep, and other furniture to match!

BTW, my Spanish will cost about 35E... just for me, while I read locally here in the uk that a 'single' will will be about £135!

cadiar

Hi Sol, a Power of Attorney will only cover what you have agreed that it should cover and was written into the Document, you can give Power of Attorney to cover all aspects of life, or restricted to only cover a particular part of your life such as property.

The Power of Attorney gives the person granted that power to act as if they were you, so yes they can sign or change anything, and although they should let you know what they are doing, there is no law to enforce that.

If you are worried by the Power of Attorney you have given, it is easy for you to cancel it, you just have to go into the Notaries Office where the Power of Attorney was issued, and ask for the Power to be revoked, and it will be done then and there.

I hope that this helps.

Sol

Thanks Cadiar, I am concerned about it, because it was only after the event that I had time to cogitate upon things, and I realise how frosty the relationship is - it is this lack of confidence that is causing me to have doubts over the matter.

Anyway, I plan on getting copies of all the papers I signed there, get them properly translated, and digest the true import.

Again, my thanks.