Points to consider before signing a Power of Attorney

If you are signing a document before a notary then they must be satisfied that you know what you are signing. Often people are handed documents and told “sign this”, and they do. That is not enough for our purposes. We will expect you to have read your document in advance of the meeting and satisfied yourself as to the meaning and need for the various terms.

We appreciate that legal documents can be daunting so have created this page to help you understand some of the common clauses that are sometimes found in powers of attorney.

We recommend that you read your document alongside this guide and then either contact us, or your representative/ attorney  to discuss any questions or queries you might have.

The Power of a Power of Attorney

With a Power of Attorney you are giving someone the power to step into your shoes and conduct affairs on your behalf. Depending on the wording of the document you might be giving authority for more than you need or more than you are comfortable with.

As a starting point think about who your attorney is, what you want your attorney to do and what powers you will need them to have to achieve this. Does your document cover more than it needs?

When you are reading your document you might find it helpful to consider these points.

1. Who is your attorney? Do you personally know and trust them? If they are a professional then who recommended them? Have you independently verified them, for example using official professional registers, unbiased reviews?
2. Is the POA tailored to your transaction? If you are buying/ selling property do you know the identity of your property? If the power of attorney is a general one it would cover any property transaction for any property.
3. Does the POA permit self contracting? This means that the same attorney can represent more than one party to a contract. Worth considering if you are delegating negotiations or potentially contested transactions.
4. Does the POA permit your attorney to delegate powers? Sometimes this is necessary to enable your transactions to be completed but it is worth bearing in mind that you are not just trusting your chosen attorney but also associates of their choosing.
5. Can I revoke the POA? You can but it can be a tricky process and would involve a further notarial act. You can, of course, request the POA and any copies are returned (if the attorney doesn’t have it then they cannot use it although you are trusting that the attorney has returned / destroyed all copies following such a request!) You can also limit the POA to revoke automatically after a certain length of time (enough time for the transaction to be completed).

You may feel that a broad POA suits your needs and you are comfortable with it. Everyone has a different level or acceptable risk. That is absolutely fine, and as long as you understand the nature of your document and the risks it carries if it turns out your attorney is a rogue, you are entitled to sign as you wish. These are just some points to consider as I am aware that a power of attorney / poder can look like a daunting document to a non lawyer.

Any issues or questions should be directed at the attorney or the lawyer who drafted the document in the first instance. We can also assist with any queries and ask that you let us know of your concerns prior to your appointment as some amendments might require approval from your recipient or redrafting that might not be possible at your appointment, for example if the document contains a translation.

When you attend the appointment please ensure that you have the correct original forms of identification with you as without it we might not be able to proceed.

NIE Numbers & Full Copy Passports

If your power of attorney is for the purchase of Spanish property or some other transaction that will require you to obtain a Spanish tax presence then you may need to obtain an NIE number. Often a Spanish representative will include the power to do this for you if required. You should also be aware that you can do this in person at the Spanish Consulate in Manchester.

If your Spanish representative is arranging your NIE then they may ask for a complete copy of your passport.

Unless otherwise requested I would present the copy passport as follows:-

Front cover and photo page in colour – all other pages in black and white.

• There will be a covering certificate stating it to be a true and exact copy.
• The photo page will be individually notarised as a true copy with the photo a true likeness to the bearer.
• There will be an embossed seal on every page of the copy.
• The True copy would be attached to the POA so that they do not require a separate apostille.

If this does not meet with your requirements then please let me know as this may impact your quote.