Has there been any recent changes in spanish law relating to mental capacity and power of attorney?

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23 Jan 2015 8:57 PM by sc123 Star rating. 1 posts Send private message

We were recently requested to complete a power of attorney on behalf of vendor with insufficient mental capacity. This PoA was completed in UK, stamped by foreign office and supported with the relevant UK Court of Protection Deputyship order, all of which our spanish solicitor was aware of and in agreement with. Our spanish conveyanicng solicitor assured us that this would be all that was needed for them to complete the house sale. However only three weeks later (9 Jan 2015) they have contacted us again advising that the spanish PoA  needs to be redone as the wording needs amending. Our spanish solicitor advised us ... we have been informed by the Spanish Notary that the power of attorney must be changed due to new legal regulations about people with lack of capacity. We are so sorry but this is beyond our control. Please, see attached the power of attorney adapted to the new regulations.

Could anybody please advise me whether the spanish law has changed quite this suddenly and recently and if so any Act/section ?





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23 Jan 2015 11:14 PM by nigel188 Star rating in Estepona. 655 posts Send private message

Hi

I have found this website for you.

 

http://www.spanishpropertyinsight.com/legal/power-of-attorney/

 

Good Luck



_______________________

Nigel




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