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Validating a power of attorney

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A power of attorney allows another person to step into your shoes to make medical or financial decisions for you.

The rules for creating a power-of-attorney document vary among states, but all jurisdictions require your signature and some also require the signature of the person you have appointed as your agent.

While a regular power of attorney expires when you die or become incapacitated, a durable power of attorney remains in effect during your period of incapacitation.

It is essential that you get a good Spanish solicitor to draft the document for you, using the correct terminology.

The document will be written in Spanish so if you are not fluent yourself you will need someone to translate it. In your own country – you might not be able to come to Spain to arrange the POA, however, you do have the alternative of making the arrangement in your own country.

Your Spanish solicitor will draft the document in a bilingual version so that the Notary in your own country can witness you signing the document and knows what it says.

In addition to security, the broker’s own professional business interests and continuing obligation to demonstrate “reasonable care” require verification of the POA grantor’s identity and legal authority (position in a company or partnership) to enter into a POA.

Here are some ways the broker can validate a Power of Attorney: To the greatest extent possible, have POAs completed in person so the grantor’s personal identification (driver’s license, passport, etc.) can be reviewed.