Many British retirees settling in Spain, or who've lived here for years, have a signed Lasting Power of Attorney (LPA) — the document that, in the UK, appoints someone trusted to manage their affairs if they lose capacity. The problem shows up when that moment arrives and it needs to be used in Spain: a Spanish bank or notary won't accept it directly as if it were a Spanish notarial power of attorney.
Why it isn't automatic
An LPA isn't designed for the Spanish notarial system, and Spanish banks and land registries usually require a Spanish power of attorney for routine matters (selling a property, operating an account, representing the grantor before the administration). For the UK LPA to be usable as a supporting document, it needs:
- Notarisation and apostille in the UK, under the Hague Convention.
- Sworn translation into Spanish, by a MAEC-accredited sworn translator-interpreter.
Even then, there's an important limitation: the attorney appointed under an English LPA cannot delegate their power to a third party in Spain to specifically manage the Spanish assets — in other words, it can't be used to automatically appoint a local representative.
The practical recommendation: a parallel Spanish power of attorney
Because of this, for anyone with assets or accounts in Spain, the usual practice — and what specialist firms in both countries recommend — is to grant a separate Spanish power of attorney, specific to matters here, before a Spanish notary (this can be done in the UK before a notary public with the corresponding apostille, or directly in Spain). The UK LPA remains valid for everything related to the UK; the Spanish power of attorney covers what's here. It's important to do this in good time: once a person loses legal capacity, they can no longer grant a new power of attorney, either in Spain or the UK.
When to translate the LPA anyway
Even though the Spanish power of attorney is the main route, the apostilled and translated LPA remains useful as a supporting document: so a bank understands who the attorney is and under what circumstances, or as documentary grounds if judicial recognition of a British deputyship order is ever requested before a Spanish court.
Common mistakes
- Waiting until the person loses capacity to arrange the Spanish power of attorney — by then it's already too late.
- Assuming the LPA replaces the Spanish power of attorney. It doesn't; they're complementary documents.
- Not apostilling the LPA before translating it.
- Non-sworn translation, which a Spanish bank or notary won't accept as an official equivalent.
Related pages
- UK pensions in Spain: documents
- Inheriting from the UK: probate and assets in Spain
- Renewing your TIE after Brexit
- Sworn translation in Alicante · Sworn translation in Malaga
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