Will UK LPA work for Dads property in Lanzarote?

*Trouble*

Hoping someone can help with the above question.

My Dad had a stroke 11 weeks ago and is still currently in hospital. Social services got involved a few weeks ago and said that Dad would go into a care home on an Interim Placement... then they found out that in addition to his home in the UK he has an apartment in Lanzarote (was living there 6 months and UK 6 months). Now Social Services have said they can't help him any longer, that we will have to sell his home to pay for his care as soon as the hospital want to discharge him.

Panic stations ensued; Dad has no savings and most of his pensions pay for the UK house and Lanzarote apartment bills. How will he pay for a care home?

The Dr's have finally today said that Dad is mentally capable of signing an LPA, which we'll get sorted asap... but obvs that takes between 9-12 weeks to get approved.

The problem comes with selling his Lanzarote apartment, which we'd like to sell before the UK home (just in case by some miracle Dad can go home at some point). I've looked online and it looks like Spain changed the rules last year and a UK LPA will no longer be recognised by them.

The confusing bit is that I've seen online that we either have to get a Spanish LPA done or get the UK LPA translated and 'authorised' for use in Spain.

Does anyone know which is the case?

Anita.

00ec25

it might be worth you asking the question on various ex pat forums for Brits living in Spain. That way there may be more people with an understanding of Spanish legals in respect of property...

here are 3 random google results:
http://www.expatforum.com/expats/spain-expat-forum-expats-living-spain/

http://britishexpats.com/forum/spain-75/

http://www.expatexchange.com/spain/liveinspain.html

agrinnall

I wonder whether you could instruct a UK solicitor to act on your dad's behalf as an intermediary with the Spanish selling team?

G_M

Find a firm of solicitors who operate in Spain as well as over here, with experience of Spanish property law and things like LPA.

My (un)educated guess is that a translation of the LPA, certified by a UK solicitor (or perhaps a Spanish one?), should be acceptable..

AnotherJoe

I've recently done an LPA it was much quicker than 9-12 weeks

Given the delays in selling properties why not run the two in parallel ?

However if dad is mentally capable and can sign documents why do you need an LPA? Can't he just sign any documents that may be needed ?

AdrianC

An LPA is a UK legal document. It carries no legal weight in Spain whatsoever.

A quick google finds this explanation of the Spanish equivalent - "poderes" - https://www.spanishpropertyinsight.com/legal/power-of-attorney/
It would seem that you will need to get your father in front of a Spanish notary in order for him to grant you the powers.

How to arrange a Power of Attorney in the UK?
Contact a Spanish lawyer in the UK (see English-speaking Spanish lawyers list) for advice. A 2016 ruling by the Spanish legal authorities states that Powers of Attorney (POAs) witnessed by British notaries public are not longer valid in Spain because British notaries do not have the equivalent function of Spanish notaries. This ruling may contravene the Hague Convention, but whilst it stands it is not possible to get a POA in the UK.

davidmcn

You'll need Spanish legal advice anyway for the sale, so why not find a lawyer and ask them?

xylophone

As an example only, Googling came up with this

http://www.spanishlawyerliverpool.com/spanish-property-law.html

I imagine you will be able to find others on line.

Otherwise, you might ask friends of your father in Spain if they have any recommendations.

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS10_Paying_for_permanent_residential_care_fcs.pdf?dtrk=true

might be worth a read.