How to Legalize a Power of Attorney in the U.S. for Property Purchase in Spain

Step-by-Step Guide to Legalizing a Power of Attorney in the U.S. for Purchasing Property in Spain

When purchasing property in Spain with bank financing, it's essential to have a properly legalized Power of Attorney (POA). Follow these steps to ensure your POA is recognized in Spain:

1. Ensure All Details Are Included in the POA Draft

Review your draft document to ensure it includes all necessary details, such as:

• Principal's full name, address, and identification number.
• Agent's full name, address, and identification number.
• Specific powers granted to the agent, related to purchasing property and managing bank financing in Spain.

2. Take the POA to a Notary Public

Visit a notary public or a company that provides notarial services. The notary will:

• Verify your identity using a valid ID (e.g., passport or driver’s license).
• Ensure that the document includes necessary local U.S. legal aspects.
• Complete their details, including their signature and notary seal.

It is crucial to sign the document in the presence of the notary so they can testify that you are indeed the person signing the POA. This step ensures the authenticity of the document, which is required for its legal use in Spain.

3. Obtain Apostille Certification

After notarization, the POA must receive an Apostille to be recognized in Spain:

• Take the notarized POA to the Secretary of State's office where the notary is commissioned.
• Submit the notarized document, fill out the necessary forms, and pay the Apostille fee.
• The Secretary of State will attach an Apostille certificate to the POA, verifying the notary's credentials.

4. Translation of the POA Document (if required)

If the POA needs to be in Spanish, have it translated by a certified translator:

• Ensure the translation is certified by the translator.
• If necessary, notarize the translator’s certification and obtain an Apostille for this notarization.

5. Send the POA Document to Spain

Package the following documents and send them to your agent in Spain via an international courier service:

• The original POA with the Apostille certificate.
• The certified translation of the POA (if required).
• The Apostille for the translation (if required).

6. Agent's Actions in Spain

Your agent will present the POA to the relevant Spanish authorities, such as the notary public, bank, and property registry office, to complete the property purchase and manage the bank financing on your behalf.

Conclusion

Following these steps ensures your POA is properly legalized and recognized in Spain, facilitating your property purchase with bank financing.

Contact Us

For assistance with your property purchase in Spain, contact Urbane International.