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johncar54
24th January 2011, 15:45
My wife wants to give a General Power of Attorney to her cousin, who is in RP, to act on her behalf.

When she was there a few weeks ago she signed an Authority which she thought was a General POA but it is only a Special POA, which allows her cousin to sign a purchase contact for a property, but not to operate her bank account etc.

We are in Spain.

Does anyone know how my wife can make a general POA to give her cousin such authority?

fred
24th January 2011, 15:59
Not sure John..
Cant she just open a bank account and then transfer funds into that?
Of course..Next time I see my attorney..Ill ask.

johncar54
24th January 2011, 16:43
Hi Fred.

She has an account in the same bank as her cousin.

We want the cousin to be able access her account so as to be able to pay for the house, any fees, plus buy furniture and maybe sign any utility contracts, deal with the community and do anything else that is needed in the years to come.

In Spain, my son (in UK) and me (in Spain) have POA's in respect of each other with which we can do anything for the other.

It is something similar which we need in RP, but how can we achieve that with my wife in Spain ?

sars_notd_virus
24th January 2011, 17:20
your wife could have open a separate joint account with her(in the Philippines) so it doesn't require any SPOA...
and SPOA should be signed in front of the lawyer ,with her Community tax number and should also be done in the Philippines ,..
however,if its possible to send the SPOA form to Spain so your wife can sign it but has she got any Community Tax Certificate number?..she needs it so it could be notarized making it legal and done in proper way.

johncar54
24th January 2011, 17:26
Yes Sars, I agree, hindsight is a wonderful thing, isn't it ? Had my wife got the full POA (as we thought she was) instead of the limited one that too would have solved it.

Problem is we need a solution to what exist now.

sars_notd_virus
24th January 2011, 17:32
Yes Sars, I agree, hindsight is a wonderful thing, isn't it ? Had my wife got the full POA (as we thought she was) instead of the limited one that too would have solved it.

Problem is we need a solution to what exist now.

However,if its possible to send the SPOA form to Spain so your wife can sign it but has she got any Community Tax Certificate number?..she needs it so it could be notarized making it legal and done in proper way.

johncar54
24th January 2011, 17:56
However,if its possible to send the SPOA form to Spain so your wife can sign it but has she got any Community Tax Certificate number?..she needs it so it could be notarized making it legal and done in proper way.

Its not the SPOA form which we need, as I said that is what we have.

We need General POA and I am not sure that one signed in Spain would have any legal standing in RP. That is why I am asking the Question, 'Does anybody KNOW'

johncar54
25th January 2011, 15:13
Anyone with first hand experience of making a POA for RP when in another country.

Terpe
25th January 2011, 18:05
Anyone with first hand experience of making a POA for RP when in another country.

Sorry John, I'm not really understanding what you are asking.

As far as I have experience, whether it is SPOA or GPOA the process for both forms is exactly the same.
My wife has done both.
The forms are simply completed by the agent (wifes' sister cousin etc) and authorised/notarised where needed, then (in our case) sent here to England where we complete the form and have notarised, at the Phil Embassy.

Just where or how you would get officially notarised in Spain I have no idea, but I'm sure you do.

Or have I missed something?

malditako
25th January 2011, 18:24
some bank in phils accept authorization letter plus a copy of a valid ID of the depositor if they want to be represented by another person...i did that with my hsbc account in Phils...i sent my authorization letter through email with copy of my passport attached authorizing my brother to have access to my account...the bank send me a letter to have it signed then thats it.

johncar54
26th January 2011, 13:48
Therpe, Thanks. My questions was :

We are in Spain.

Does anyone know how my wife can make a general POA to give her cousin such authority?

Ppary. Thanks also, but we want my wife's cousin to be able to sign anything which my wife would be able to sign.

At present we know that includes the operation of her bank account but there will be other matters for sure, which will need my wife's signature. Not being in RP that may be difficult or even impossible.

As I said, my son lives in UK but I have his POA in Spain, which authorises me to do anything in Spain which my son could do. When we signed the POA the notary pointed out that I could even get married 'for him.'

It is that sort of POA my wife needs in RP.

keithAngel
27th January 2011, 06:34
On a general note on this theme I gave a spo to a friend in Portugal that enabled them to act to the Purchase of a house but definatly not its sale mortgage etc

I personaly would be very cautious of a gpov in the Phils no matter WHO the named person:xxgrinning--00xx3: