Every person can come into the situation be it by illness or an accident, not to be able anymore to decide independently and self-determined about important matters of life. Therefore, others have to make decisions about most important aspects of your life. This is true for both medical and economical issues as for business and family affairs.
The following summarized and simplified information does not claim to be complete or replace professional advice, but rather should serve as food for thought.
What is a Power of Attorney for Personal Care?
The authorized person can fully and freely dispose of whatever is declared without having to give account to anybody. The principal can at any given time withdraw or change the content. Of course, this Power will be granted to the most trustworthy person only. The principal alone knows who this person might be. Normally, the court appoints the spouse, which might not always be the best of choices.
Why should you draft a Power of Attorney for Personal Care?
Foremost, to protect yourself from outside influences once you are not able to be self-determined, for example when you are in a coma. If you do not have the Power, the hospital will inform the authorities who then will appoint a (paid!) caregiver. This caregiver takes care of your finances and reports to the court. Every withdrawal, also from a joint account, has to be requested at court.
With the Power of Attorney, however, it is you who decides who should represent you, how decisions are to be made, and how the authorized should be controlled.
Is there a given right for representation for spouses or relatives?
No. Legal transactions for adults can only be carried out for you by others with a valid Power of Attorney. Spouses, relatives, and other family members are not automatically authorized to represent you.
What should I take into account when drafting the Power of Attorney?
It is important that the Power is:
a) content-related juridical correct
b) tailored to your personal circumstances
c) easy to find when needed
Be on the save side
Many of our clients are not Spaniards, but residents that divide their time equally between here and their respective home countries. Therefore, it is only natural for us to take into account the laws of both countries so that the documents are equally valid here and there.
Though the notarized version in some countries is not required, we do recommend it. For comparatively low costs you can register the Power in the Spanish registry and facilitate the proof of authenticity and validity