How to know if a Power of Attorney is in force? It is a question that those people who require a legal representative ask themselves.
Therefore, in the following article we explain all the doubts and unknowns that surround this important document, so that you can get out of your legal obligations.
How to know if a Power of Attorney is in force in Spain?
A power of attorney It is that authorization that allows a person to represent another legally. This happens when a citizen cannot perform certain economic or legal actions due to a trip, or any other reason.
Thanks to this power, you can carry out bank transactions, tax payments, sale and purchase of real estate that require legal authorizations.
It is important to take into account that a power of attorney remains valid depending on the time chosen.
It can last from a few months to several years, it is all a matter of choosing one date convenient.
Revoke services of the same, either due to the death of the owner or due to justified disability. It can be done by reading the authorization certificate which shows the details related to the action deadline.
In order to process a power of attorney document, you must go to state consulate. There is the option of make an appointment or attend in person.
How to Know if a Power of Attorney is Valid: Validity Period
As mentioned above, a power of attorney is a permit what grants representation rights A person.
At the time of processing, a action time limit, agreed by the owner and the person who will exercise their power of attorney.
Depending on the circumstances, a power of attorney can last between months and years, inclusive, the maximum duration can be extended up to about 3 years approximate.
It is recommended that the duration be as long as possible, in order not to do the procedure frequently. Also, you have the option of renew the procedure as many times as you want, as you can also revoke it at any time.
How to know if a Power of Attorney is in force: Revocation
On several occasions, the holders of a power of attorney decide terminate the process, due to the death of any of the holders, or simply for a reason that has generated a disagreement.
To revoke a power of attorney granted, the first thing that must be done is to appear before the notary who processed it.
However, before attending, it is necessary to have a Authorized copy of the original documentl, since this counts as the main requirement to revoke the document.
When the administrative process is complete, the new document it will be registered in the system, and if everything goes well, the power of attorney will be invalidated. By following the steps above, the proxy loses the right to use your assets and bank accounts.
It is worth mentioning that for the administrative process It is necessary to have certain documents on hand to expedite the process. In the following list you can know what they are:
- Identity card (DNI).
- Complete data of the holder (full names and surnames, marital status, ID or passport, nationality and residence address)
- Notary that processed the power of attorney document, as well as the date it was made and the number assigned in the system.
- Proxy completes (full names and surnames, marital status, ID or passport, nationality and residence address.
Once all this information is gathered, when it is presented, the revocation of power of attorney that has been requested.
The waiting time for the validation of the document, are 15 working days. As an extra piece of information, the notarial revocation has a determined cost established by the institutions in charge. It is important to find out so that there is no further difficulty.
If there are still doubts related to this process, consult with an attorney may be the best choice for him advice and organizing legal paperwork, which is difficult for ordinary citizens.
How to Know if a Power of Attorney is Valid: How to Leave One Without Effect?
To nullify a power of attorney, in simple terms, is to revoke the document and eliminate all representation rights owned by the attorney-in-fact assigned by the owner.
When granting a notarial permission, certain terms are established, in case the owner or the attorney-in-fact breaches them, it is possible to revoke it at any time.
Just by going to a notary and explaining the grounds for invalidation, the procedure may be finalized with the signatures of the affected parties.
This document can only be revoked through a notary, only they have sufficient authority to supervise and guarantee the protection of the assets and interests of the population. For more information, consult the next link.
How many types of powers exist and what are the requirements to request them?
In the world there are different powers of attorney that are distributed according to the needs that citizens have.
Therefore, the most used are the following:
- General power: It is used to grant general permissions, that is, to authorize rights for one person to legally represent another in legal activities, such as: inheritances, banking operations, purchase and sale of goods, among others.
With that power, the Authorized representative will act on behalf of the principal, in the same way, the wishes and thoughts of the holder.
As a sub-function of general power, the attorney-in-fact may be in charge of management of the principal’s assets, as is the purchase and sale of real estate.
- Special: It is only granted in situations where banking activities are required, such as: collecting pensions, buying real estate, managing bank accounts, making donations, among others.
- Preventive: In this, the attorney-in-fact will act on behalf of the user, if he suffers from a disability or injury that will not allow him to attend any of the judicial or legislative offices.
In order to request the services of these powers, first of all, you must find out the registration cost, which varies according to: the number of pages in the document, the type of handwriting and the conditions established by Spanish law.
The amount of document pages, the type of handwriting, the number of people involved and the conditions established in accordance with the provisions of Spanish law.
By disposing of the agreed amount, if the person chosen to be proxy he’s older, it is necessary that you have in possession, your identity document and valid mental health certificate.
By possessing the previous requirements, with the help of a lawyer, you must draw up a document specifying the power conditions, the time of action, the activities that the attorney will carry out and under what reasons it will be invalidated.
The next step is to go to the nearest notary and choose a notary to process the document.
The administrative process ends, when the assigned amounts are paid. Since in this way, it is given to the two related parties, a copy of the document processed. Finally, it is essential apostille the document to specify its validation.
What is a Power of Attorney?
In the previous points, it was emphasized that the national powers grant special permits for legal and economic representation.
In this way, it is possible to carry out certain activities that cannot be carried out, for absence of the owner.
Without the existence of the notary, in Spain it would not be possible to process the document of representative power. The notaries are divided throughout the national territory, having in their ranks more than 3000 offices of legal and legal management.
They are especially in charge of formalizing the following procedures: representation for lawsuits, collection of pensions, collection of inheritances, administration and disposition of assets, purchase and sale of real estate, marriage agreements and minutes of manifestations.
These procedures are made up of:
- Identity card of those involved.
- Validation signature date.
- Agreements and actions established with the attorney-in-fact.
- Reasons for realization.
Knowing the importance of power of attorney, we can understand that processing it is not complicated. And when processing it, they are resolved legal problems thanks to a second person who is in charge of the administrative processes.
Artículos relacionados que te pueden interesar