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Notary Public, Stamp, seal, office

Powers of Attorney

Overview and Examples

A Power of Attorney is a binding document, signed as a deed, that gives authority to a third party to deal with a legally binding transaction on your behalf. You, as the donor of the power, are placing trust and confidence in the Attorney to act in your best interests. The alternative is that you personally attend in the overseas jurisdiction personally to sign and complete documents over the course of the transaction. This is often impractical.

Simon does not prepare the Power of Attorney document itself; that is the requirement of your Attorney or their advisors in their jurisdiction. This is simply because they will know what powers and obligations they will require within the document in order to accomplish the transaction on your behalf. 

By far the most common Power of Attorney relates to the buying or selling of property in Spain. Whether it be a timeshare, apartment or holiday complex.

Italian Powers of Attorney and powers for use in Eastern Europe are the next most common.

French property transactions and American property transactions will often involve the granting of a Power of Attorney either to a French Notaire or an American Lawyer. Confusingly, American Lawyers are sometimes referred to as Attorneys. Simon will be able to simplify the documentation to achieve your aim. 

Most overseas Powers of Attorney are written in both English and the local language. It is important to note that it will be the local language version that will be binding in law. For that reason you may wish to have your own translation prepared. Simon can advise you on your options. 

 

Translations

Some clients feel more comfortable in having their own translation of the Power of Attorney. Simon can arrange this at an extra cost.

Caution

you should always check and verify the identity of the Attorney. 

You should always check that they are competent to deal with your transaction and

you should always ensure that the Attorney has professional indemnity insurance in the event that they breach their duties to you.

You should always ensure that you are happy with the foreign wording of the Power of Attorney. 

What to bring to the appointment

  1. Your valid passport and a copy of the photo page.

  2. Evidence of your address, preferably your driving licence or utility bill, bank statement etc and a copy.

  3. The Power of Attorney document. In some cases we will have had email correspondence about any changes required ahead of our meeting.

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