If German citizens have property in Spain, powers of attorney facilitate the practical procedure in real estate transactions or also in emergencies.
It does not have to travel then all involved ones personally to Spain, in order to acquire Spanish property, to encumber, or to alienate. It is then sufficient that the proxy travels to Spain.
For the precaution of the preservation of the capacity to act in the age and with illness powers of attorney are the suitable means, in order to solve standing problems.
2. The German health care power of attorney must be compliant with Spanish law
First of all, a power of attorney can only be used in Spain if it was created in conformity with Spanish law. This is expressly regulated by private international law in Spain, Art. 10, clause 11 Cc. and this is at the same time in accordance with German case law, i.e. in agreement that the country of application of the power of attorney allows the respective local national law to be decisive.
Almost generally, Spanish powers of attorney require notarial form and a precise specification of which activities the authorized representative may perform if the powers of attorney are also to be used in the area of company and real estate assets.
The German general power of attorney, with which the authorizer authorizes his counterpart with one sentence to everything, is worthless in Spain, not however the specified precautionary power of attorney, which is used by the inheritance law office Eulberg& Ott-Eulberg, Augsburg, is conceived.
By type. 1713 Cc, the power of attorney which goes beyond pure administrative activities, such as sales, settlements, mortgages or acceptance of inheritance, requires the corresponding specification in the power of attorney document.
This means that the creation of a power of attorney for use in Spain must also be precisely formulated so that it can be accepted in Spain.
If, for reasons of cost, only the signature of the principal is certified, i.e. confirmed as genuine, in the case of a German power of attorney, instead of the entire power of attorney being notarized, this power of attorney is not applicable in Spain.
Sometimes it is not considered which further contents of the power of attorney should typically be included in the text of the power of attorney as a precaution.
A transmortal "German" power of attorney loses its effectiveness in Spain if the principal dies, in Germany the transmortal power of attorney remains valid as long as it is not revoked by the heirs.
3. Apostille and translation by a sworn translator
After the notarial power of attorney for Spain has been drawn up in Germany, it must be apostilled by the president of the regional court, i.e. it must be made suitable for international legal transactions by means of over-authentication, i.e. stamped on the document.
If the power of attorney document is not bilingual, it must first be translated by a sworn translator. If the translation is done in Spain, then no apostille is required in this regard for application in Spain.