A Lasting Power of Attorney in Spain
No-one likes to think of their health deteriorating and not being in control, but for many this can happen and being prepared can make life a lot less stressful should the situation arise.
With mental health problems and conditions such as Dementia and Parkinson’s disease on the increase it is important to think about what you would do if you lost your mental capacity. Too often situations like a stroke can occur suddenly and become life changing for the person affected and their family.
A lasting power of attorney (LPA) is a legal document that lets you appoint a person (or people) to make decisions on your behalf if you are unable to do so. An LPA provides you with a level of control over what would happen to you if you became subjected to an illness where you lacked the mental capacity to make decisions. An LPA can also help if you have an accident and are temporarily unable to make any decisions.
An LPA in Spain does not only allow for someone to make life changing decisions related to healthcare on your behalf. It is a wide ranging document which can be used to sell, buy, rent property, enter into or cancel contracts on your behalf. Your trusted attorney will also be able to open/close bank accounts, set up direct debits and issue any legal proceedings.
Having an LPA in place makes sense and it ensures that people you trust can carry out your affairs. Without an LPA no-one will be able to pay your bills or act for you in any legal capacity. Most importantly if you do lose mental capacity the Spanish Courts are likely to appoint the people listed in the LPA to act as your guardians.
Whilst we we all think we are indestructible, it makes sense to ensure everything is in order, knowing your loved ones can follow your wishes when the time comes.
A Letter of Wishes document is a useful guide to your executors clarifying what you would like doing with your personal possessions when the time comes.
Knowing which process you need to follow
Depending on where you are when you write the documents will have a bearing on which process you will need to follow. Please click on the process relevant to you:
- 1: Process for obtaining a Lasting Power of Attorney (LPA) if you are in Spain:
- 1: Complete the online form and arrange payment.
- 2: We will draft a Spanish LPA document covering your wishes.
- 3: A draft document will be sent to you in both English and Spanish for your approval.
- 4: Once approved, we will arrange an appointment for you with a local notary in Spain.
- 5: You visit the notary to sign your Spanish LPA and pay the notary fees (together with any translator fees if required).
- 2: Process for obtaining a lasting power of attorney document outside of Spain:
- 1: Complete the online form and arrange payment.
- 2: We will draft a Spanish LPA document covering your wishes.
- 3: A draft document will be sent to you in both English and Spanish for your approval.
- 4: Once approved you need to book an appointment with your notary to sign the LPA document.
- 5: You visit the notary to sign your Spanish LPA and pay the notary fees.
- 6: The notary arranges the stamp of the Apostile of the Hague.
- 7: Courier the signed LPA with the stamp of the Apostile of the Hague to us.
- 8: We will register your LPA with the Spanish Civil Registry.
- 9: Once registered, we will return the original LPA to you.
An LPA can be used if you are unable to carry out certain matters but still have mental capacity.
Typically a LPA will cover issues related to your property and money, including paying bills, making investments and selling your home. The Spanish Court of Protection will normally appoint the people listed in the LPA to act as your guardians once you lose mental capacity.
Ensuring you have an LPA for Spain, will enable you to appoint a donor or attorney to act on your behalf with regard to your assets should you be unable to manage those affairs.
Our team of Spanish lawyers and qualified abogados are on hand to talk you through the options and file all the relevant paperwork. By preparing an LPA for Spain, you can rest assured should you ever need someone to act on your behalf at some time in the future, everything will all be in place.
A simple online solution
Drawing up an LPA is like many things in life, we often never get around to it, but if our health deteriorated we may well need it urgently. So we would advise everyone, not to put this off. Use our online form now and use our simple process to get your LPA completed. Hopefully, it can sit in a drawer and never be used, but if you did ever need it, your loved ones would be grateful.
Contact us to discuss drawing up a lasting power of attorney for your health, well being and financial affairs in Spain.