Hot Tub on Terrace?

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
10 Jul 2009 12:00 AM by ElSordo Star rating. 8 posts Send private message

As a first-time poster, I accidentally posted this first in the Healthcare forum, I hope a moderator can remove it? (I can't link to it as I have <10 posts...)

In 2002, we granted power of attorney to an abogado in Cadiz province in relation to a property transaction and it has remained effective ever since. For reasons which I won't go into here, we need now to revoke this power of attorney and appoint a new lawyer to act on our behalf. Is it possible for us to do this without alerting the original abogado until after the fact? We're sorry to have to act in this manner, but there has been a serious impropriety on his part and we can no longer have confidence; as things stand, he is empowered in a very broad sense to "manage our affairs" and I would like to secure our interests without forewarning him.

The POA was originally drafted by a Notary here in Ireland and subsequently translated (with the apostilla Convencion de la Haya). Is it sufficient for us to return to the Irish Notary and complete a Deed of Revocation, and then send this to our lawyer in Cadiz? Or do we need to do it through a Spanish Notary?

Many thanks for any advice you can offer!





Like 0      
10 Jul 2009 4:00 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Answer already here:  http://www.eyeonspain.com/forums/posts-long-6637.aspx



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
10 Jul 2009 5:49 PM by ElSordo Star rating. 8 posts Send private message

Thank you, Maria. The only difficulty is that, unfortunately, we won't be in a position to travel to Spain/find a new lawyer for a little while, but I am anxious to revoke the existing POA as soon as possible. My reading of the existing document is that it would be technically/legally possible for this lawyer— "on our behalf" — to sell our parcela, or enter into arrangements with co-proprietors (we own a % share in a rural parcela in proindiviso) — without our knowledge or approval. I know this may sound paranoid, but I have serious reasons to be concerned, which I naturally don't want to divulge here on a public forum.

This is why I'd like to know whether we can simply go to an Irish Notary and complete a Deed of Revocation, or whether this has to be done by a Spanish Notary.

 





Like 0      
10 Jul 2009 9:45 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Just a lawyer needed here. As the POA is nmot registered within the Spanish Notary system , there is no point to go to a Spanish Notary. A commun Notary system is needed in Europe by the way!



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
11 Jul 2009 10:13 PM by ElSordo Star rating. 8 posts Send private message

Gracias otra vez, Maria!





Like 0      
11 Jul 2009 10:16 PM by ElSordo Star rating. 8 posts Send private message

Just an afterthought: one consequence of this will be of course that the lawyer will no longer be authorised to operate our bank account, so I presume I should notify the bank to that effect?





Like 0      

Pages: 1 |

Post reply    Start new thread


Previous Threads

Sewage smell coming from Aircon Vents.. - 7 posts
fractional ownership - 3 posts
non resident bank charges - 19 posts
Gas BBQ - Garden Furniture - 2 posts
Getting a Fishing Licence?? - 2 posts
murcia ? within my budget nice area ? algorfa , cabo roig, san miquel de salinas any thoughts - 4 posts
financing a new car - 3 posts
Two excellent websites with reviews (by local diners)of restaurants on the Costa Blanca - 1 posts
EOS 5th birthday on Saturday - 20 posts
Key Lounges - 1 posts
Aeroclub ULM Vera - 1 posts
might b going to monda village - 0 posts
WERE THERE - 16 posts
Wealth and income tax non resident - 4 posts
Anti-Glare Window Film - 1 posts
How to translation these 2 sentenses? - 9 posts
Gibraltar Magazine - 1 posts
MM2 update - 1 posts
Cambank - 2 posts
Question regarding 11month rental - 6 posts
Obtaining an NIE number at Spanish Consulate Edinburgh - 3 posts
Hi everyone. - 14 posts
car hire gibraltar/la linea - 1 posts
Blank pages, apart from the EOS header & bottom bar, when I click on certain pages ! - 9 posts
Pay as you go broadband - 12 posts

Number of posts in this thread: 6

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:
Email:


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x