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Power of Attorney

Posted: Wed Apr 28, 2021 9:17pm
13 replies549 views7 members subscribed
Andy61

Posts: 38

5 helpful points

Location: Camposol

Joined: 10 Apr 2021

Hello to all,

some of you will have read that we are looking to buy a house in Camposol. After some initial difficulties, we have now received a power of attorney from our Spanish lawyers to sign. This power of attorney is so extensive that we are selling our soul!!!!
I work in a lawyer's and notary's office in Germany myself. One of our notaries advised me never to sign this power of attorney.  It is a general power of attorney. Have you also had such experiences? I have now sent a sample to the lawyers in Spain myself, which they can use. Time is running out and we are not getting anywhere, it's maddening!

Many greetings from Germany
Andy


LeginSenoj

Posted: Wed Apr 28, 2021 10:41pm

LeginSenoj

Helpful member

Posts: 84

85 helpful points

Location: Camposol

Joined: 29 May 2018

Posted: Wed Apr 28, 2021 10:41pm

Hi Andy,

We bought a house here when we lived in the UK and gave a POA to our lawyers so that they could arrange everything for us. It worked perfectly. When we bought the house we currently live in, the POA was really useful as it lets them deal with things like the utility companies on our behalf. I will send you a pm with the name of the lawyers.

Hope this helps and Good luck

hilaryskitchen

Posted: Wed Apr 28, 2021 10:56pm

hilaryskitchen

Helpful member

Posts: 152

116 helpful points

Location: Camposol

Joined: 30 Oct 2017

Posted: Wed Apr 28, 2021 10:56pm

LeginSenoj wrote on Wed Apr 28, 2021 10:41pm:

Hi Andy,

We bought a house here when we lived in the UK and gave a POA to our lawyers so that they could arrange everything for us. It worked perfectly. When we bought the house we currently live in, the POA was really useful as it lets them deal with things like the utility companies on our behalf. I wil...

...l send you a pm with the name of the lawyers.

Hope this helps and Good luck

Same with us we've never regretted our Spanish Lawyer having Power of Attorney they recently moved our direct debits from our Spanish Bank Account to our WISE account saving us bank charges we couldnt do it ourselfs due to Covid travel restrictions we've used them for over 5 years no issues no regrets.

Phil.

Andy61

Posted: Thu Apr 29, 2021 7:36am

Andy61

Original Poster

Posts: 38

5 helpful points

Location: Camposol

Joined: 10 Apr 2021

Posted: Thu Apr 29, 2021 7:36am

LeginSenoj wrote on Wed Apr 28, 2021 10:41pm:

Hi Andy,

We bought a house here when we lived in the UK and gave a POA to our lawyers so that they could arrange everything for us. It worked perfectly. When we bought the house we currently live in, the POA was really useful as it lets them deal with things like the utility companies on our behalf. I wil...

...l send you a pm with the name of the lawyers.

Hope this helps and Good luck

Good morning,

Thank you very much, we will not have time to change lawyers. Of course, the lawyers will get power of attorney for everything concerning the house. But I won't sign a power of attorney for funds, shares, execution of wills and so on!

Andy61

Posted: Thu Apr 29, 2021 7:38am

Andy61

Original Poster

Posts: 38

5 helpful points

Location: Camposol

Joined: 10 Apr 2021

Posted: Thu Apr 29, 2021 7:38am

hilaryskitchen wrote on Wed Apr 28, 2021 10:56pm:

Same with us we've never regretted our Spanish Lawyer having Power of Attorney they recently moved our direct debits from our Spanish Bank Account to our WISE account saving us bank charges we couldnt do it ourselfs due to Covid travel restrictions we've used them for over 5 years no issues no re...

...grets.

Phil.

Good morning Phil,

Of course, the lawyers will get power of attorney for everything concerning the house. But I won't sign a power of attorney for funds, shares, execution of wills and so on!

Thanks

Andy

Martina21

Posted: Thu Apr 29, 2021 4:00pm

Posts: 1

1 helpful points

Location: Condado de Alhama

Joined: 10 Mar 2021

Posted: Thu Apr 29, 2021 4:00pm

We were of the same opinion! The original POA was very vague, we asked for it to be amended to cover the purchase of the property and relevant associated transactions in the original one we were signing everything away.

Andy61

Posted: Thu Apr 29, 2021 4:10pm

Andy61

Original Poster

Posts: 38

5 helpful points

Location: Camposol

Joined: 10 Apr 2021

Posted: Thu Apr 29, 2021 4:10pm

Martina21 wrote on Thu Apr 29, 2021 4:00pm:

We were of the same opinion! The original POA was very vague, we asked for it to be amended to cover the purchase of the property and relevant associated transactions in the original one we were signing everything away.

I called my lawyer in Spain today and they are changing the power of attorney!

Puuhhh!

Thanks,

Andy

PeterC

Posted: Thu Apr 29, 2021 4:26pm

PeterC

Very helpful member

Posts: 1409

832 helpful points

Location: Los Alcázares

Joined: 10 Nov 2016

Posted: Thu Apr 29, 2021 4:26pm

When you are done you should either cancel the POA (which the notary will charge to do) or at least collect the POA document from the abogado - without the physical POA they shoukd not be able to use it.

Andy61

Posted: Thu Apr 29, 2021 4:49pm

Andy61

Original Poster

Posts: 38

5 helpful points

Location: Camposol

Joined: 10 Apr 2021

Posted: Thu Apr 29, 2021 4:49pm

PeterC wrote on Thu Apr 29, 2021 4:26pm:

When you are done you should either cancel the POA (which the notary will charge to do) or at least collect the POA document from the abogado - without the physical POA they shoukd not be able to use it.

OK, but he will still take care of the tax and our mail, so he will have to keep the POA.

PeterC

Posted: Thu Apr 29, 2021 6:19pm

PeterC

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Posts: 1409

832 helpful points

Location: Los Alcázares

Joined: 10 Nov 2016

Posted: Thu Apr 29, 2021 6:19pm

Andy61 wrote on Thu Apr 29, 2021 4:49pm:

OK, but he will still take care of the tax and our mail, so he will have to keep the POA.

If he does everything he should when you complete the purchase he should have no need of a POA to deal with mail (are you using him as your postal address?) and you really should do your own tax returns unless your affairs are complex, and again would not need a POA to do that.

Must just point out that I would not consult a lawyer in Spain unless I was locked up accused of some dastardly crime!

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