Can I sell my Sick Father Spanish House?

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My father retired to Spain a decade ago, where he bought a house and opened a local bank account. Due to his declining health, he returned to the UK last year and organized a long -term power of attorney (LPA) to help me take care of and make decisions on his health and finances. He still owns the house in Spain and has savings in his bank there, but he no longer has the ability to make decisions about them. Does LPA mean they can sell its overseas assets and transfer the money back to the UK? If not, how can I do this?

Julie Man, partner in the team of private customers at the Russian-Cooke law firm, Says that the property and lasting financial affairs (LPA) has been implemented when your father had mental capacity. If LPA is registered with the Guardian Public Office and can no longer handle its finances, you can step on. However, LPA covers only England and Wales. Is not designed to be used abroad.

If your father does not have a Spanish equivalent of a lawyer power, then trying to rely on Light to cope with Spanish assets can be a gray and difficult area. It really depends on the Spanish requirements and if I recognize your Apple. Solutions can be found, but they are often time -consuming and expensive.

In order to sell the property with the best possible result, it will depend on whether both a notary and a land registrar, in Spain, accept LPA. This would involve the provision of support documents, such as a statement of English law from an English lawyer, confirming the validity of the LPA and the faculties of the lawyer. The statement should be translated into Spanish by a sworn translator and also legalized with Apostille from The Hague or a simplified procedure that certifies the authenticity of public documents for use between countries.

LPA should also be translated into Spanish, and a copy should be certified by a notary public in the UK and, again, legalized with Apostille from The Hague. There are notaries in Spain who accept LPAs, but some do not, so the notary’s choice is essential. It is important to mention that you also need acceptance from the field clerk, which will have the last word.

As for the bank account, there is no clear answer, as this depends on the bank’s internal procedures. Some banks may be happy to accept a translated notarized copy of the LPA supported by an English law in Spanish, as above. However, some can go further and require a series of documents that make the task difficult and consume time.

People are living more and more international lives and can be relatively simple to cross borders and buy properties or have assets abroad. Unfortunately, when it comes to legal frameworks and managing mental capacity problems, consistency between countries is missing. This leaves vulnerable adults in an unwanted position. The inconsistency between jurisdictions must address the older generation worldwide to grow.

What are our legal options regarding the border litigation?

Our neighbor is in the process of building his extension too close to our common border. The neighbor tried to justify this through their architect, who stated during the “party wall” process that the border was depicted incorrectly on the planning drawings and, therefore, is built closer to the shared fence. We recently found evidence of their fraudulent planning request, so a new window for judicial review was opened? We are now looking for legal options that will not have financially encrypt us.

Maisie Ayres, lawyer in litigation at the JMW Applicors in London, Says the decisions made by a local planning authority (LPA) can only be challenged in the High Court if the Planning Authority has made a legal mistake. Judicial review (JR) allows you to challenge the legality of a planning decision, but it is expensive without the guaranteed result.

The time limit to start the JR procedures of a planning decision is six weeks from the date of the relevant decision. It is very unlikely that a new window has been opened because of recent found. You can still try, but the court rarely grants an extension of the term, and the requests made outside this chronology must demonstrate extremely convincing reasons for delay.

If the review is successful, the initial decision is annulled and the PL must correct the legal mistake and reconsider the request. However, it should be mentioned that the APL can reach the same decision even with the correct legal mistake. If you are not successful, you may be responsible for some or for all the legal costs of another party.

There are other options. Consider reporting inaccurate plans to LPA. Planning permission is often granted subject to the condition that the development is carried out in accordance with the approved plans that have been submitted at the planning application. If the plans are inaccurate, then the development may not be legally implemented. If your neighbor goes on with the construction, they could risk executing actions from LPA.

However, as the JR process presented above, if the inaccuracy had no effect on the result of the planning decision, LPA may not change its decision.

A person who is aware of a false or misleading statement in a planning request with the intention of obtaining a personal profit can be pursued in accordance with the 2006 fraud law. If you have evidence of a fraudulent planning request, LPA may undertake his own investigation.

If your main concern is how their works and their effect on the structural integrity of your property are carried out, talk to the party wall inspector or a specialized lawyer. They will be able to evaluate the validity of notifications and ensure that the current decision sets sufficient protection for your property.

If the works have already started (or are imminent) and have a serious concern about the potential damages of your property, request legal advice immediately. You may be able to seek a decision to stop the work until the appropriate processes and will be sufficient protection.

Opinions in this column are intended only for general information purposes and should not be used as a substitute for professional tips. The Financial Times LTD and the authors are not responsible for any direct or indirect results that result from any confidence placed on answers, including any loss, and exclude responsibility.

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