In Spanje, notarial powers are an essential tool for managing situations where a person may become mentally incapacitated in the future. These documents allow an individual to designate someone they trust to make decisions on their behalf should they become unable to do so themselves. This article explores the concept of notarial powers for mental incapacity, their importance, and the process of granting them in Spain.
What are notarial powers?
The notarial power is defined as the process wherein a legal document is granted by one person, called the grantor, to another, called the attorney-in-fact, who will act in his interest in various matters.
Preventive Powers
In the case of mental incapacity, preventive powers are of special relevance. A preventive power is a notarial power that starts to act in the moment in which the person that is declared mentally incapacitated and, therefore, incapable of making decisions. It is an advance planning tool for personal and financial matters, avoiding complicated judicial procedures.
Importance of notarial powers against mental incapacity
- Autonomy and control: They allow the principal to choose who will act on their behalf, ensuring that his wishes and preferences are respected.
- Conflict prevention: They prevent family or legal disputes over who should assume responsibility in case of incapacity.
- Speed and efficiency: They facilitate a quicker and more efficient transition in managing the grantor’s affairs without prolonged judicial procedures.
What can you include in a notarial power of attorney in case of future mental incapacity?
If you own property or assets in Spain, it is always advisable to establish a notarial power of attorney for this purpose. With this power of attorney, the designated person—who must be someone you trust and want to take charge—will be able to manage your assets in Spain. If this power is not put in place, your account could be frozen, and no one would be able to manage it, for example.
We strongly recommend to establish your Health and Welfare Power of Attorney or Advance Directive in Spain. This document specifies your wishes regarding the type of health treatment you would want to receive if you were ever unable to communicate. Decisions you can make in advance include whether you would want to be resuscitated if the prognosis indicated no quality of life, if you would consent to experimental drugs, and even whether you would choose euthanasia under certain circumstances. By putting this essential legal document in place, you will help your partner, spouse, family, and caregivers make the decisions you would have made for yourself if you were able to communicate.
Notarial powers with respect to mental incapacity in Spain are a very useful tool for guaranteeing the running of personal and financial issues according to a person’s wish when they can no longer decide by themselves. These documents facilitate advance planning; therefore, advance designation of an attorney-in-fact that one trusts brings quite a great amount of autonomy and peace of mind to prevent conflicts and ensure efficient and respectful management of grantors’ affairs.
Als je dat wilt prevent your future by making a power of attorney in case of mental incapacity, we can help you with that. Contact us and we will give you more information about fees.
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