Q&As

Can a valid lasting power of attorney (LPA), presumably an England and Wales LPA, be recognised and enforced in Spain?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on LexisPSL on 12/02/2019

The following Private Client Q&A Produced in partnership with Graham Stott of gunnercooke LLP provides comprehensive and up to date legal information covering:

  • Can a valid lasting power of attorney (LPA), presumably an England and Wales LPA, be recognised and enforced in Spain?

A lasting power of attorney (LPA) granted by virtue of the Mental Capacity Act 2005 (MCA 2005) is a deed in which a donor who is habitually resident in England and Wales authorises another person to act on their behalf in relation to either their property and financial affairs or their health and welfare. It is a power of representation which in Spain is referred to as a private mandate.

It is important that an LPA, wherever it is prepared or executed, complies with the requirements for a power of r

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