The Lasting Power of Attorney (LPA) is a document by virtue of which the person who makes the Power, the donor, appoints one or more people, the attorney, to help the donor to make decisions or make the decisions on behalf of the donor.
There are two types of LPA:
- Health and Welfare; and
- Property and Financial Affairs.
Official translators are very often required to provide official translations into Spanish of the English LPA-property and financial affairs. The official translation of the LPA may be needed if the donor is the holder of a Spanish account and the attorney is going to manage the account or deal with the Spanish bank on behalf of the donor.
Once the property and financial LPA has been registered with the Office of the Public Guardian, the LPA can be used. The LPA has to be registered with the donor’s permission.
The English LPA is a document very different from the standard Spanish Power of Attorney.
In Spain, when making a Power of Attorney, the donor must sign the document before a Notary.
In the UK, the donor does not have to sign the LPA before a Notary Public. However the attorneys must sign the LPA. The attorneys mentioned in Spanish Powers of Attorney do not sign the document.
The Spanish Power of Attorney is a very detailed document which specifies the faculties granted to the attorneys. On the other hand the English LPA does not specify the faculties granted to the attorney and it could be described as a form to be completed by the donor and attorneys before it is signed.
Official translators are experts in the similarities and differences between the two legal systems involved (in this case English and Spanish); therefore an official translator will produce an accurate translation to be accepted by the Spanish authorities. In Spain, only official translators appointed by the Spanish Ministry of Foreign Affairs and Cooperation are authorised to produce official translations.