Power of attorney

[Anxious A]

Hi guys, I'm new so go easy on me!
My father lives in Tenerife with his long term girlfriend. He has early dementia. I have the power of attorney in England for his bank/ health etc. I have just found out that without consulting me, his girlfriend has done the power of attorney in Tenerife, which includes several properties and bulging bank balances. I feel that I should have been a joint attorney with her, but she did it all behind my back, now I'm trying to find out if there's any way I can be added to the POA? I really have concerns about her intentions, and she knew I was planning on visiting in October so has obviously got in there before I had a chance to arrive. So I guess my questions are, is it possible to add another person on, and can any of this be done from UK? Also does the Spanish POA work in more or less the same way as in the UK? Any advice would be great, thank you xx

[TOTO 99]

If it's the same as the UK then she would have needed your dad's signature to do this just as you must have done in the UK.

They are "long term" partners as you've said so perhaps it's what he wants?

I guess your dad is the first person to speak to.

And of course, just because she has control, it doesn't necessarily mean that she'll deprive you of any inheritance.

Good luck with it.

[casabonny]

To have given the power here , yes your Father would have had to go to the Notary to sign, this is only valid whilst he is alive at the moment of death this becomes invalid, but I understand that in the UK ( although I may be wrong( you can have an POA that still stands after death in order to deal with inheritance etc.

You should make sure that your Father has a Spanish will , and ask him who is stated in that as he may have now named the long tertm girlfriend.

At the end of the day the decision is his but if you are able to prove that he has dementia and that he was made to sign without realising what he was signing you may be able to revoke it as next of kin.
You need some legal advice pronto when you get here.
Good luck

[Goldenmaniac]

In order for the lady to get a Power of attorney your father must have sat in front of a Notary Public and if he did not understand Spanish then an interpreter (not the lady) would have had to go through things with him. The Notary states in "their opinion" that the person has the legal capacity to make the disposition, so he must have appeared to have been compus mentis whilst at the Notary.

If you contest that he was able to deal with his affairs (and remember that would have to be medically proven - that he suffers from early onset dementia) at that time, then as CB says you must seek legal advice either from an Abogado here or from a firm in the UK that deals with Spanish matters there are some in most large towns and cities do an internet search for one near you.

But in truth, you really should talk to your father first, because if he is clear minded enough, he obviously functions in his day to day life here without you, he may agree to add you to a joint POA or he may just not want to!

[Anxious A]

Hi thanks for replying. He would have signed happily, he understands but doesn't have any interest in important matters any more, he's happy for others to make the decisions for him. And I think that's where my worries lie, I don't think she'll make decisions 'with his best interests' in mind. I hate the thought that important decisions could be made without me knowing about them, or having a say in them. She has already done the POA without mentioning it to me, what else could she decide to do without mentioning it to me?
I'm interested to hear that you think I need to get him a Spanish will sorted out, because the girlfriend has told me that if he has a Spanish one it would make his English one invalid. Alarm bells ring again...I wonder if there's a 'common law wife' clause in Spanish law? Whereby if there's no Spanish will she would automatically inherit everything.
So, do I need to get advise from a solicitor? Or the notary? This is all so worrying, when all I really want to worry about is my poor old dad.

[casabonny]

If he owns anything here then he should have a Spanish will, it does not affect any English will that is in place.
You must speak with your Father first and if you still feel that he is not capable of making decisions because of his illness then you must seek legal advice here from an abogado without delay.
There is no legal right for the long term girlfriend to have a stake in his property / money etc after his death but with full power there is nothing to stop her taking all his money out or transferring it into her name, selling his property if he owns one before his death.

Perhaps you are more worried about what you are likely to lose in the event of his death rather than having his happiness and best interests at heart whilst he is alive. Please do not take this last comment the wrong way, but no offence intended ,but as you state he has a long term partner who is presumably living with him as a partner for all intents and purposes , and after all she is here 24/7 and you are not .
good luck.

[timmylish]

I must say that the terms of "Long Term Girlfriend" suggests to me a relationship exceeding 2 or 3 years. What difference is there had your Father married (I don,t care about any possible logistical reasons for not marrying) after only, say 6 months, to-gether. I tend to agree with the second para. by Casabonny!

[mully]

HI,just on the Power of Attorney matter,the lady can only have control of your fathers money matters while he is alive,once he dies then the P.O.A finishes and the estate passes to the executor,who will be named in his will or at least he will have named the people to inherit his estate.
good luck

[timmylish]

HI,just on the Power of Attorney matter,the lady can only have control of your fathers money matters while he is alive,once he dies then the P.O.A finishes and the estate passes to the executor,who will be named in his will or at least he will have named the people to inherit his estate.
good luck

Very good point!

[kathml]

Disregard any advice offered on here and get to a very good lawyer immediately having had experience recently of some of the problems recently that can arise you need expert advice

[casabonny]

HI,just on the Power of Attorney matter,the lady can only have control of your fathers money matters while he is alive,once he dies then the P.O.A finishes and the estate passes to the executor,who will be named in his will or at least he will have named the people to inherit his estate.
good luck

I had already stated that in my first post.