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avonv2
11-10-2009, 01:57 PM
I need to give power of attorney for someone to sell my house etc in Spain, as I no longer live there. I can arrange a simple one online and/or by getting the forms myself in the UK. Would this be valid for use in Spain?


Any help greatly appreciated

Lawbird Lawyer
11-10-2009, 02:26 PM
Dear Sir or Madam,

Yes it's valid. However the PoA must have affixed the Apostille seal of the Hague Convention to be valid in Spain.

And you will also need to have it translated by a sworn translator into Spanish for the Notary and apostilled.

It's much easier, quicker and cheaper if the PoA is already in double-column Englsih/Spanish. So only the PoA needs the Apostille affixed.

Yours faithfully,

Unregistered
11-10-2009, 05:02 PM
Does the advice given to AVON re PoA also apply to Deputyship under the Court of Protection

Lawbird Lawyer
11-16-2009, 11:05 AM
Dear Sir or Madam,

I do not understand your question, sorry.

Yours faithfully,

Unregistered
11-18-2009, 02:48 PM
My question was "if I obtain a deputyship order from the Court of Protection to act for a peron without mental capacity will the Spanish courts accept this as authority to sell a house jointly owned by myself and the personlacking mental capacity",

Lawbird Lawyer
11-18-2009, 02:56 PM
Dear Sir,

To recognise and execute in Spain a fellow EU-member ruling, a special procedure must be followed:

Recognition and Enforcement of Foreign Court Rulings (http://www.lawbird.com/services/view/59/Recognition-and-Enforcement-of-Foreign-Court-Rulings)

Only then will this court order be enforceable in Spain.

Yours faithfully,