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Can I register a Spanish Lasting Power of Attorney with the Office of the Public Guardian

I am resident in the UK but I have a holiday home in Spain. 

My notary in Spain has made an Escritura de Poder Especial, or Power of Attorney, to cover my property and finances in Spain, naming as my attorneys my daughter and son-in-law, who are resident in the UK.

The Spanish notary has told me that I need to register the Power of Attorney in the UK with the Office of the Public Guardian, and that it may need an accompanying apostille. (If it does, I can arrange it next time I am in Spain.)

But my solicitor in the UK tells me that the Office of the Public Guardian does not register overseas LPAs.  So should I register it in Spain?

I don't know what to do.  Who is right?  Can anyone tell me for certain?


Comments

  • No this can’t be registered with the OPG. This is a special power of attorney which if it were a UK POA it would cease if you lost mental capacity so you need to check if this is the right type of LPA or whether you should have obtained a general  POA  ponder notarial).
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