Legal question

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Old Mar 23rd 2012, 12:07 pm
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Default Legal question

Friends need to sell their villa in Spain. They are in the UK and are joint owners. Unfortunately the husband is detained under Section 3 of the mental health act although he is fully in posession of his faculties.

The wife is able to get Lasting Power of Attorney on the UK as the doctors are happy to sign to say that the husband fully understands the situation and is mentally able to sign the documents.
However, the Lasting Power of Attorney has no validity outside of the UK.

Does anyone know of their is any route by which the wife can get power of attorney in Spain without the husband being there to sign? Could this be done in the UK somehow?

Any other suggestions as to the way forward?

Waiting is not an option as they have to sell or will lose the property.
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Old Mar 23rd 2012, 12:12 pm
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Default Re: Legal question

Originally Posted by BlueChip
Friends need to sell their villa in Spain. They are in the UK and are joint owners. Unfortunately the husband is detained under Section 3 of the mental health act although he is fully in posession of his faculties.

The wife is able to get Lasting Power of Attorney on the UK as the doctors are happy to sign to say that the husband fully understands the situation and is mentally able to sign the documents.
However, the Lasting Power of Attorney has no validity outside of the UK.

Does anyone know of their is any route by which the wife can get power of attorney in Spain without the husband being there to sign? Could this be done in the UK somehow?

Any other suggestions as to the way forward?

Waiting is not an option as they have to sell or will lose the property.
Who told you that the lasting power of attorney was not legal outside of UK?

I have one for my Mother and am told it is fine here

It would have to be notorised in UK, then sent to the consulate in London before being sent to a notary here in Spain.


I'm sure someone with a legal background will be along soon to explain the entire process.
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Old Mar 23rd 2012, 12:52 pm
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Default Re: Legal question

This might help

http://ukinspain.fco.gov.uk/en/help-...alise-document
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Old Mar 24th 2012, 2:46 pm
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Default Re: Legal question

Originally Posted by BlueChip
Friends need to sell their villa in Spain. They are in the UK and are joint owners. Unfortunately the husband is detained under Section 3 of the mental health act although he is fully in posession of his faculties.

The wife is able to get Lasting Power of Attorney on the UK as the doctors are happy to sign to say that the husband fully understands the situation and is mentally able to sign the documents.
However, the Lasting Power of Attorney has no validity outside of the UK.

Does anyone know of their is any route by which the wife can get power of attorney in Spain without the husband being there to sign? Could this be done in the UK somehow?

Any other suggestions as to the way forward?

Waiting is not an option as they have to sell or will lose the property.
Please seek proper legal advice and not what you get from people on this forum, very few have legal qualifications. I suggest you look in the members list for SueG, she runs a legal firm in Spain with Spanish and English lawyers. There are a few people on here who have used her services.
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