POWERS IN SPAIN AND THE UK

It is a fact that over time things change in our lives mentally as well as physically. Sometimes those changes are clear to see and sometimes they are not…...

It can be easy to carry on from day to day without realising there is a loss of mental and/or physical capacity and which loss will prevent someone from managing their affairs whether they relate to Spain or the UK.

For matters involving the UK, it’s good to plan in advance by drawing up a document called Lasting Power of Attorney wherein one or more persons are appointed to deal with the affairs of the Donor should they be unable to do so themselves. Once capacity has been lost, then a procedure called Deputyship is necessary and a report from a medical professional is a crucial ingredient to enable the Office of the Public Guardian to grant the Order.

For affairs in Spain, the process is more complex and costly once Donor has lost capacity and will involve an application to the Court for Guardianship to be granted to another person to deal with the affairs of the person who has lost capacity.

It’s interesting to know that a good deal of worry and expense can be avoided if the Donor signs Power before a Notary here in Spain whilst they have capacity – this is termed as preventative power and, of course, is only necessary to be used if the Donor should lose capacity at a later stage. It is also interesting to know that this form of Power is customary to be granted by anyone of any age, for those who are in business or not, as the case may be, so that in any circumstance that the Power is required to be used, there will be no difficulty with dealing with those affairs of the Donor.

This is a complex area and requires a good deal of consideration and involvement with professionals who are experienced in these areas. The proper planning and guidance on matters such as this avoids stress and anxiety which would be detrimental to your general health.

If you should need my advice regarding this or any other issue involving your legal and financial affairs, whether they involve the UK or Spain, don’t hesitate to contact me.

In the first instance, please email shirleyfisherlegalservices@gmail.com . 

My office address is Calle Madrid 19, Camposol Sector A, Tel. 968 103 008 Mobile No. is 634 053 976

Shirley Ann Fisher FCILEx. UK Lawyer & Commissioner for Oaths, Camposol Business Centre