Spanish Powers of Attorney and lockdown during COVID-19 restrictions.-Can I sign one in the UK?
Q & A with Antonio Guillen – Spanish Lawyer & English Solicitor
Q: I need to give power of attorney to my lawyer to complete the sale of my property in Spain but I don´t know if this is possible during the current lockdown.
A: It is possible to sign a Spanish Power of Attorney during the lockdwon but not easy. First of all, you need to find a Spanish lawyer with sufficient knowledge to draft a power of attorney of this nature. Secondly, you need to find a Notary Public who is willing to see you in either his office, his home or your home. Many Notaries are not comfortable with this and are not seeing clients at the moment but others are happy to do it provided that the necessary measures are taken.
Q: Where can I find a Notary near my area that is willing to see me for the signing of the Power of Attorney?
A: The Spanish lawyer preparing your power of attorney should be able to find a Notary near you and ascertain whether the Notary will be willing to meet you. If your Spanish lawyer does not know where to find a Notary you can then search for a Notary yourself through the Notaries Society website https://www.thenotariessociety.org.uk/
Q: Can I then send the power of attorney to my lawyer in Spain?
A: Not yet. First you need to legalise it with a stamp called “apostille of the Hague Convention” which is used by the Foreign and Commonwealth Office. Your lawyer or your Notary should be able to sort it for you. However, bear in mind that the Foreign and Commonwealth Office is experiencing delays with the apostille process. It would be better to use a legalisation agent to obtain the apostille. Once again, your lawyer or the Notary should be able to advise on how to find one.