Power of Attorney

Hi we are residents in Spain. We have a joint bank account. Is it necessary to have power of attorney in the event that either one dies to access our account.

Years ago, not so long ago, they used to freeze the accounts but they don't seem to now. I got POAs for both my parents so I could do things on their behalf incase they got to the stage they couldn't do things for themselves, so pleased I did as it became necessary. If you do get POA make sure it's stated you can do online banking as the first one I got allowed me to do their banking but not online. The new one does. Also if it's a Spanish POA it's not accepted in the UK.

Thanks

We had a joint bank account, when my husband died 2 years ago, all that happened was that they froze half the amount that was in the account on the day that he died, as long as I kept above that amount there wasn't a problem.

Hi Marion,

We would be more than happy to provide advice to you on Spanish Powers of Attorney for Finance and also Health including Advance Directives.

Similarly, if you still have bank accounts in the UK and/or other assets, we can also advise you on Powers of Attorney registered in the UK with the Office of the Public Guardian to cover those too.

It is important to understand that Powers of Attorney protect you during your lifetime, say for instance, if you lost mental capacity through dementia for example, whereas it is your Will(s) that take precedence when you die and the elected or default executors within them would then have the responsibility of dealing with the estate at that juncture.

There is no charge for our advice, you only pay us if you instruct us to produce for you any documents that you may need.

If you wish to have a chat with me, just call my team on 865 756 058, Monday to Friday 9 a.m to 4 p.m. or, complete our contact form on our website - www.thywill.es, or alternatively, just PM me if you prefer and a consultation will be arranged for you at a convenient time which can be either over the phone or face to face in our office in Benijofar as you prefer.

Kind regards

Paul

Thanks

Chrisdee wrote:Years ago, not so long ago, they used to freeze the accounts but they don't seem to now. I got POAs for both my parents so I could do things on their behalf incase they got to the stage they couldn't do things for themselves, so pleased I did as it became necessary. If you do get POA make sure it's stated you can do online banking as the first one I got allowed me to do their banking but not online. The new one does. Also if it's a Spanish POA it's not accepted in the UK.

Likewise, presumably English Lasting POA not accepted either in Spain.
Can anyone confirm this to be the case.
Thanks

Correct. I was told I could get a Spanish one translated into English and notorised but they charge something like 20c a word which amounted to a fair bit plus the notary charge so it was cheaper to get an English one drawn up. Suppose it's the same English - Spanish.

RJC wrote:

Chrisdee wrote:Years ago, not so long ago, they used to freeze the accounts but they don't seem to now. I got POAs for both my parents so I could do things on their behalf incase they got to the stage they couldn't do things for themselves, so pleased I did as it became necessary. If you do get POA make sure it's stated you can do online banking as the first one I got allowed me to do their banking but not online. The new one does. Also if it's a Spanish POA it's not accepted in the UK.

Likewise, presumably English Lasting POA not accepted either in Spain.
Can anyone confirm this to be the case.
Thanks

Yes Chrisdee is 100% correct,

If you have a UK Power of Attorney that is already registered with the office of the Public Guardian, you could get it translated and have an apostille attached, however, the cost of so doing would be way more expensive than simply organising a Spanish one and, there is still no guarantee, even if you did go through the translation an apostille process, that a Spanish agency such as a bank would even accept it anyway, as they are free to demand whatever document and proof they wish.

Kind regards

Paul

If you have a UK Power of Attorney it comes to an end as soon as the person dies, it can't be used after the person has died. I don't know if a Spanish P.O.A. is the same.

Regards

Mick