Luis Prados Ramos
Notary

REVOCATION OF POWERS

REVOCATION OF POWERS

According to the statistics of notarial documents, the most frequent document signed in Spanish notaries are powers of attorney. It is a document in which one person authorizes another to carry out certain acts, to the extent desired.

Special power and general power or to ruin

The power, in its most restricted version, would be that which authorizes a person to carry out a sale, with a determined price, with a determined buyer and on a determined property; but power in its broadest version would be what is commonly called power to ruin, in which another person is delegated to carry out all those acts that are possible to be delegated, excluding only those that, due to being very personal, cannot be carried out through another. The most characteristic example of an act that cannot be carried out by means of power is the will.

In any case, power is an act of trust, due to the special significance it can have, and for this reason it is only advisable to give it to people who we presume will not fail us.

The power of attorney is an act, which can be configured for a specific duration or without being subject to a term, so that it would be in force as long as the power of attorney is not revoked.

What is it and how is the revocation done?

Through the revocation, the person who gave the power declares that it ceases to have effects.

The revocation is usually done in a public deed, which is notified by the Notary before whom the revocation has been granted, to the Notary before whom the power of attorney was granted, so that in the event that a new copy of the power, record that it has been revoked.

On the other hand, it is also common that once the revocation is granted, the revocation is notarized to the attorney, requesting that he deliver the copy of the power of attorney, so that he can no longer exercise it.

And it may be convenient to make the revocation known to certain people before whom power is usually exercised, such as banks or people with whom there is a continuing relationship.

Power of attorney as an act of trust and ex lege revocation

As we have pointed out, power is an act of trust. For this reason, the law also establishes a series of assumptions, which, assuming the loss of the relationship of trust on which the power is based, configures them as grounds for revocation. The most frequent cases are the extinction of the domestic partnership and the admission of the claim for annulment or divorce, in the case of powers between spouses.

Once the power of attorney is extinguished, and the agent being aware of the revocation, the power of attorney may not continue to be exercised, and if it does so, it could incur liability. If it were still used, if the person who contracted with the attorney-in-fact acted in good faith, the act carried out would be valid, without prejudice to the obligation of the attorney-in-fact to indemnify the damages caused to the principal and the other responsibilities that could be incurred, including the penalty.

Why should the original of the power of attorney be shown to the Notary?

When you intend to exercise a power of attorney before a notary, you must show the authorized copy of the power of attorney document (what is commonly called the original), in which there should be no notice of revocation.

There is currently no way to prove the validity of the powers of attorney since the notarial initiative to create a registry of revocation of powers, through a reform of the notarial regulations, was declared null by a sentence of the supreme court, for a matter lack of legal support for the initiative. Therefore, if the Notary is not shown a copy of the power of attorney, he must deny his functions.

In those cases in which the cause of extinction of the powers is by separation and divorce, there will not be a deed of revocation, but if the agent wanted to exercise the power (committing fraud and a crime) he must state the validity of his powers and declare that the marriage continues.

In any case, in these cases, it is very difficult, if not impossible, for the notary to verify the validity of the powers, except in those cases in which he knows the people and knows of their separation and divorce, in which case the Notary, if knowing the cause of revocation allows the exercise of power, your responsibility could be extremely burdensome.

375 thoughts on “LA REVOCACION DE LOS PODERES”

  1. I once gave my father a power of attorney which he has and HE REFUSES TO RETURN IT TO ME, how did I act in this case IF I DON'T KNOW THE NOTARY WHICH WAS ISSUED AND HIS REFUSAL?
    Miguel Angel Fernandez Fruits.

  2. Your comment is waiting for moderation.

    I once gave my father a power of attorney which he has and HE REFUSES TO RETURN IT TO ME, how did I act in this case IF I DON'T KNOW THE NOTARY WHICH WAS ISSUED AND HIS REFUSAL?
    Miguel Angel Fernandez Fruits.

    1. Revoke it but you must also do it before a notary, it does not matter if it is not the same one where you granted it and your father must be notified of the revocation in writing and that he has the acknowledgment of receipt that he received the notification, with this in addition to revoking the power your father will be notified and will not be able to continue using it.

  3. Good day.
    I granted a power of attorney, and at that time the marital status of the woman to whom I granted it was married and that is how it appears in the deed (with the last name of her still husband). After 4 years I revoked his power, unaware that he had divorced. In the revocation appears with the name of married. Won't the revocation affect or nullify it? Could you cancel my revocation?

    I thank you for your answer.

  4. Antonio alvarez rodrgz

    Hello ,
    I have two powers granted to the same lawyer in Spain made in different notaries! I can revoke them myself by registered letter directly to the lawyer with a copy to the notary. Thanks for your reply

  5. My mother gave me a power of attorney 6 years ago to collect her IVSS pension. My mom is currently disabled. Can someone revoke my power of attorney and for what reasons? Thank you. Please send answer to my email

    1. Mrs. Carla granted power of attorney to one of her four children to collect her pension from the Venezuelan Armed Forces; now Mrs. Carla has Alzheimer's and cannot revoke her power of attorney; the son does not give her a penny and she is destitute. What is the solution to this unfortunate situation? thank you for your time

  6. Hello. Years ago my mother asked me to sign papers according to which she lends me a considerable amount of money. I have received this income. How can I prove it? Some kind of account investigation or something?

  7. Leny Elizabeth Strap Bathrobe

    Good day. I gave Power of Attorney by Public Deed to a friend to act for me, in my country, since I am outside of it. I am traveling to my homeland in a few days and I wish to carry out the steps that I entrusted to the attorney and not bother him with the issue.
    Can I approach the banking and pension entities to continue making arrangements for my pension even though my friend has current power of attorney? Or should I revoke the power permanently? And if I travel, can I do the revocation in my country or do I have to do it in the country where I do it?
    Thanks for your kind reply.
    Leny Bathrobe

  8. You can sell a piece of land if you only have the power. I sold a house and now it tells me that the land is coming in but the land is not mine I have a power of attorney

  9. Very good,
    I have the intention of buying a flat in Tenerife, and the owner who is in Venezuela has a proxy in Tenerife with whom he was going to carry out the purchase, but speaking with the Notary, he has alerted me that there is no way of knowing if that power of attorney Is it current or not and that in the event that it was not there, the purchase would not be effective. Can I do something to avoid risking paying the amount of the apartment in cash and discovering at the same time that the purchase has been invalidated?
    Thank you very much in advance

  10. patricia cruz alvarez

    I think my father has a power of attorney that he signed years ago, how can I revoke it without knowing where he went or having any documents? And I don't talk to him either. Thank you

  11. an apartment was sold, the deed "A" made a special power of attorney to "B" which allowed him to deed without rendering accounts, after 4 months "B" verbally notifies "A" and the deed begins and two weeks later " A" makes a bill of sale to "C" with power to write, this "C" is asking "B" to deliver the apartment !!!!! what solution is there???

  12. 31 years ago I gave a power of attorney to a brother with whom I am not related. I don't remember the Notary where I did it. It is something that I had forgotten and that I have just learned that in Spain they do not have an expiration date. How can I check where I made the power to solve future temptations or problems?
    I will be grateful if you advise me.
    Thank you

  13. To revoke a power of attorney, I only need to notarize the revocation document? Is it necessary to present the copy or the original of the power of attorney? thank you.

  14. The revocation of a special power that a manager has to manage two properties has been carried out through a public deed. The same person who granted the special power of attorney is the one who revokes it and in turn grants a general broad power of attorney to another person.
    SE has the original of the revocation and will notify you personally, giving you an authenticated copy so that you keep it and in another copy we ask you to reflect the notification <<<<<<<. the date, signature, clarification and document.
    The question is: is this procedure correct or do I have to do something else?

  15. Hello, my brother has his son who went to live in Spain since he was 8 years old, two years ago his ex-father-in-law filed a lawsuit for food, the child has already turned 18, and the agreement is supposed to go. To now be father and son, but it turns out that my brother received a notification from the judiciary asking for a pension increase where the former father-in-law has full power to continue with the process, to which the child indicates that he has not given any power and only signed study documents. In conclusion, the grandfather has the power to continue with the trial but the child wants to annul it from there, from Spain, what would he have to do to revoke that power from Spain to Peru???

  16. Hello, good morning, one question. My father gave a general and special power of attorney to a lawyer who is handling his case, but he is a little suspicious that at some point he might want to use it to harm him, selling some property, so he is thinking of granting it to me. a general power of attorney, but he doesn't want the lawyer to find out because he is still handling his case well, it is possible not to notify the lawyer, and only when he would do something wrong to the detriment of my power (that is, the power that my father plans to give me now? ?)

  17. Xicu Xose Coto Suarez

    Taking the authorized copy of the power of attorney to the notary to revoke it, the principal or the attorneys-in-fact, who are 2.

    1. It is enough for the principal to do it. In any case, it is very convenient that the revocation be notified to the attorneys-in-fact, so if they also appear, they can be notified immediately.

  18. Hello good night!! Almost more than 12 years ago my in-laws lived on a piece of land that they donated to their son who is still my husband, we built based on sacrifices and efforts, well, what I'm going to do right now we are separated I sent him a divorce petition to my husband, but his parents were upset and he, they revoked the farm now, right now they sent me a lawsuit where the parents want to take possession of the farm, I have two minor daughters and my question is?? If what the gentlemen did together with the notary is legal, knowing that there is a divorce petition involved??? Thank you

  19. Hello, I would like to know how I can take power away from my sister, she is my mother's proxy and the one who takes care of her is me, the only thing she does is collect her retirement and keep 50 percent hundred or more of the salary,,, I have gone everywhere and nobody can do anything,,, justice can be done,,,

    1. Power can only be revoked by the person who gave it. If your mother is in a situation of incapacity when promoting the incapacitation, the powers of attorney will be revoked. But claiming your damages for the exercise of power is very difficult unless you happen to be an heir.

  20. good morning:

    When the person to whom powers of attorney were given gives you the originals. Is it necessary to revoke them? Does the revocation have any cost?
    Thank you,

    1. If you do not have the original of the power of attorney, it cannot be used, but it may be useful to revoke it and make the revocation known to the party for whom the power of attorney could be used.

      1. Hello, I would like to travel to Cuba with my daughter, but I don't know if her father revoked her travel permit. How could I know before going so as not to have a scare and then not be able to return to Spain with her?

  21. My Husband signed several Powers of Attorney for various friends during his lifetime
    He died in an accident 16 years ago and it turns out that now and start the procedures for;
    Opening his Intestate, I discover that those friends have continued to use those Powers,
    Throughout Mexico, Spain, Colombia, etc. and they have put many companies under their name
    By logic; they all pass into my Power, they are Joint Assets.
    What will happen to my Husband's friends when it is discovered what they did?
    Will the companies seize after his death?
    I? Will I only keep what exists, before his death? Thank you for answering me, I proceeded until now because your friends hid my son and me, all our heritage, as far as I know; It is a Serious Federal Crime what my Husband's friends did, that is, and;
    They stole his entire identity and put everything under the name of a deceased person

      1. Thank you very much licensed Luis Prados
        I thank you for your attention in answering me.
        It's a shame, my husband's friends will be affected, but as you say;
        It is very probable and they used those Powers to commit a crime and they must pay.
        Greetings and Happy New Year……(from somewhere in Mexico I send you to thank you)

  22. Hello, my uncle made me a general power of attorney. I would like to know how I can inform myself that there is no other person with the same power, since he does not remember if he made another power before. Thank you.

      1. Hello, yes I have a power of attorney that was carried out in Arica 2 years ago, it is necessary to valudatli and I can do it here in Santiago

  23. Hello, good afternoon, Dr. I would like to ask you. I had a partner 15 years ago for 1 month or so and he got life-threatening peritonitis while in Santa Clara at sea. I helped him get out of his illness, I took him to the hospital in Mar del money and they took him directly to the operating room for 5 minutes, he was dying, the doctor told me ... and so I endured 8 operations, more in 6 years and he without working ... I took care of him, I supported him and his family, wife, daughters and parents, none helped me ... with Over time, all my savings, which were to buy me a house, went away and he gave me a special power of attorney for ..U$S 30,000 and then he revoked it... and he did it again and now 02/2016 he threatens me that he will never pay me a VAT to give that money to revoke it again... how does one find out if he does it... or not...???

      1. Thank you Dr. Prados for your response. I have not received any notification for the revocation but if he continues to threaten me, what is he going to do and if he gives them to me, he told me to put the house in his name as well... and he is married and has his own house and 3 properties to share with his brother by succession already completed.. fearing his threats, I gave it in part payment for a house to a family who would be the debtor... always... him, answer me soon please... good night...!

    1. Hello, I would like to know how a special power of attorney granted to a lawyer can be annulled or what way can prevent that person from using that power as they wish for a trial

  24. What opinion can you give me about the following: A person supposedly prepared before a Notary Public a false document of General Power of Administration granted by Juan Perez, and the agent with this power sold some fractions of a larger piece of land, owned by the principal (allegedly), When the principal realized, he appeared before a Notary to REVOKE that power. This REVOCATION VALIDATES THE POWER OF ATTORNEY EVEN THOUGH SUPPOSEDLY THE PRINCIPAL DID NOT SIGN OR GRANT IT???

  25. Good afternoon, my case is the following: I gave a special power of attorney to a person for the sale of land about 2 years ago. Due to various circumstances I have revoked the power of attorney. My question is: if the Notary cannot locate this person, how can I be sure that he cannot use it? And if you use it to sell the property…can the sale be cancelled? In short, I want to know if I can be calm or what should be done to safeguard my part of the property, since there are also other owners, but this person only has the power on my part. Thank you so much.

  26. Hello good evening!!

    In July 2012 I request the provisional measures of my divorce.
    In January 2013, the one who was my father-in-law and the one who was my husband applied for a grant from the Ministry of Fisheries for the biological strike by proxy that my father-in-law was given in 2005 by his son and me.
    I revoke the powers in July 2013.
    Through the 2014 income statement, I find out that I have received a subsidy of a large amount, but of which I have not received anything, because they have entered it into the account of the community of property (not dissolved, due to other procedures legal means that until they are resolved, the dissolution of property will not be resumed).
    That is to say, I find out from a letter that I present to the Ministry that first my ex-father-in-law, knowing of our divorce, had the foolishness and little shame to continue exercising powers of my identity (in very bad faith, due to the bad relationship with which I ended marriage) and secondly, for keeping my ex-husband with the entire amount of the subsidy.
    My question is: are these facts considered in very bad faith, identity theft and misappropriation of the amount of the subsidy?
    Regards, thanks!

  27. Hello, I have a friend who lives in the US and he left his son's mother a power of attorney, the point is that for a year he has not heard from his son and he is afraid that he will take him out of the country or whatever, he could revoke Can you do that paper from there? Or do you have to come to Spain to revoke it?

  28. Hello: I have questions regarding a general power of attorney that was granted to me by my husband in 2003. We have been separated until now. On January 16, he suffered an accident in which he suffered brain damage and is in a hospital in Florida and is unconscious even under treatment. It turns out that another person and his legitimate daughter appeared with a durable power of attorney which they presented to the hospital. I had no knowledge about it. You may be able to revoke these rights in court. I am concerned about his health and well-being. His daughter left for his country after a month and the other party only took care of his belongings and treatment in sporadic visits. Since the incident occurred, I have been on the lookout and even staying by his side, but this person does not allow it, as the hospital has indicated, as well as knowledge of his condition and treatments. As a still legal wife, I would have rights, since I understand by friends that this relationship with this other person had ended in a not very pleasant way and he did not want to know anything about it. I was in Florida for a walk when all this happened. I would be grateful if you could guide me in this regard because I have consulted with lawyers and a guardianship would cost a lot of money. We never formalized separation for any legal paper and we contacted sporadically through calls and in person with me and my son who has been raised since 2 years.
    Thank you.

    1. I sense that he calls us from the USA, for this reason it is very risky for me to think because I do not know the applicable law. Under Spanish law, the incapacity of a person can be considered as cause for revocation of power of attorney. The argument is that if a person is free to grant a power of attorney and revoke it, since he loses the capacity, he loses his freedom, and therefore it must be understood as revoked. For this reason, it is possible that the power of attorney that your daughter claims may be revoked, unless it has a subsistence clause.

      On the other hand, while you are a spouse you can exercise the rights that correspond to you as such.

      1. Marta de Lourdes from Orlando, Florida.

        Thank you. You have been very kind in answering me. I plan to take this matter to court with lawyers. I believe that even if there are other laws in the state of Florida I still have the right. Thank you very much for your guidance and time, because now I am much clearer about what to do.

  29. hello: my father granted a general and irrevocable power of attorney to a lady who was 14 years old so that she could rent, sell and whatever she wanted most with a house and in effect the lady sold it this year without a visa to my father, what can I do to get my house back

    1. Most likely nothing, because canceling the sale will be very difficult. What it can do is demand accountability from the proxy and justification of what was obtained with the power.

  30. Hi, I have a doubt. My mother's partner had a van, which the bank was going to take away.
    To keep it, he put the van before a notary, in my name.
    A month ago, at the request of my mother, I made a general power of attorney for the couple so that they could work on said van and/or sell it. I want to know if it is possible to remove that power, what documents are necessary, and if it is necessary that HE has to sign or be present, since I doubt he will.
    Is it feasible to take away the general power of attorney if he has all the documents in his hands?

  31. Hello, a few years ago my partner granted me a general power of attorney. Three years later we got married and now we have separated temporarily (although we have not presented any type of paper and therefore we are still married). My question is, can I use that power or since we are separated and soon we will start the divorce proceedings, I cannot do it? As of today, the power has not been revoked. Thank you so much

    1. In principle, the powers are revoked with the admission of the application for separation or divorce, or when requested because the application is going to be filed. In any case, using power in cases of de facto separation does not seem like a very loyal act to me.

  32. Good morning. I granted a power of attorney of which I do not have a copy that was made jointly with my father and brothers to a lawyer after the death of my mother by abuse to proceed to a trial and also for the declaration of heirs I think and various other steps such as seeing that the holograph and will of my mother be respected (neither father is alive) because they both asked that a sister who is interdicted pass under my guardianship and that of a sister who has managed to have guardianship by herself and manipulates my father for his advanced age. I DO NOT HAVE A COPY. The lawyer did not ask for it to be made in his name but in his company since the children are also lawyers and I think the wife is the attorney. I want to revoke it but I don't know how to do it because it is not in his name and I only remember that it was done in 2013. I am afraid that for various reasons I have to request the revocation. Could you please suggest that I perhaps write a sample letter to revoke your power over me. Thank you

  33. I am afraid that despite the fact that I have contacted the lawyer and expressed my intentions to revoke the power of attorney, he is giving me a long time. You know I don't have a copy of the power of attorney. Could you clarify for me that of making the revocation in a public document? Does it mean that the revocation would not be done with a notary?
    On the other hand, he never mentioned before the judge that there is a holographic document in which both of them mutually agreed that the guardianship of my interdicted sister would be in charge of both sisters (actually it was going to be in my name but I have prolonged absences and that is why I included it to my other sister). The holograph includes the distribution of properties between the children and a niece who is abroad, among others, that of some properties in exchange for the sale of the family home for 2 floors. This was managed by my sister and my parents have been scammed. She, on the other hand, apart from conferring management expenses of 40,000 euros, which she left as a signal to buy an apartment and to give it to my parents since she did not have the money to pay for it and not being happy with sharing with her brother what she was going to have, she forced with mistreatment of my parents to make a donation that she does not want to be included in the declaration of heirs. The lawyer has agreed to their requests alleging that it was not signed by witnesses and that there were some properties that did not appear on the holograph. My interdicted sister needs great supervision, which I was in charge of, but in the sheltered center she attends, they have denied me entry and they tell me that I have to ask my sister for authorization and they do not give me a reason for what is happening, which they did before ( In addition, with the death of my mother, they had a great interest in acquiring the guardianship of my sister because my father, in the midst of his pain and indignant with the behavior of my other sister, said that he would leave me more.) The tutored center has a great interest for taking the tutoring of my interdicted sister, which is rather economical because they don't even supervise her for things as simple as brushing her teeth. What outrages me is that I have always taken care of her and what my sister does is more than anything delegate tasks and take the credit. Also, since she is now a single mother, she does not have time. What can I do?
    Is it that a holographic document, even if it has not been signed by 2 witnesses, can be ignored just like that and not be taken into account after the death of one, ignoring the will of those who have written it???

  34. I repeat my previous question. I have contacted the lawyer and expressed my intentions to revoke but I do not want to respond. You know I don't have a copy of the power of attorney. How do I revoke that power? Could you clarify for me that of making the revocation in a public document. Hey, do you mean that the revocation would not be done with a notary?

  35. Power of attorney granted by the deceased Administrator, owner of the 100% of the capital of SL
    The registration of the power of attorney and of the agent appears in the Mercantile Registry.
    How to request the revocation and cancellation in the Registry.

  36. Hello. I gave a person a power of attorney to remove some objects that were recovered from a robbery in my home in my country of origin. I don't have a copy and now it scams me. Can I revoke that power from the embassy?
    And seize someone else?
    Thank you!

  37. Hello, I granted a general power of attorney by public deed to a lawyer but he did nothing, how do I pass my case to another lawyer to whom I do not want to give power?

  38. deli flower babativa

    Hello, 2 months ago I gave absolute power to my former partner and I traveled to Chile. I do not have a copy of the power of attorney but I want to revoke it. I can do it from here. If you can do it from here it is very expensive.

    1. You can do it from there, I don't know the costs in Chile, but I don't think they are very high. In any case, what interests you, in addition to the revocation, is that the attorney-in-fact finds out about the revocation, so it is convenient that you be notified of the revocation.

  39. Hello Dr. In my case, I was granted a general power of attorney for judicial and administrative matters. I would like to know how I can annul that power that had been conferred on me. My doubt is that if I grant a power of attorney to a lawyer on behalf of the one who had granted me the power to initiate a marital dissolution and liquidation of the conjugal partnership and the obligations that arise from that trial, it could harm me or not.

  40. Good afternoon
    help with doubts about a property my daughter assigned a power of attorney to an individual to exercise rights over real estate, my daughter can revoke that power and take away the rights so that he cannot sell them, since he does not agree with the come from this person.

    1. Obviously you can do it. You have to sign a deed of revocation, and it is very convenient that the revocation be notified to the attorney-in-fact by the notary himself.
      Greetings and thanks for following

    2. If we had a power of attorney from a grandfather and in recent times he had lost a lot of his head, could his brother have him sign some paper or any shot accusing me later that I put it on my grandfather to do it...?

  41. Dear Dr Luis Prados,
    I tell you that 4 years ago I gave my brother a general power of attorney for the sale and distribution of an inheritance. It's not that I'm suspicious, but I think it's time to revoke his power. How I should proceed? Is it necessary to do it in the same notary? This will be a bit complicated for me because I live quite far away. Thanks for you time and dedication!!
    Greetings

    1. You can do it at any notary and then it is convenient that the attorney be notified. But if that is the case, it is perhaps best to ask your brother to return the copy of the power of attorney.

  42. In the year 2001, I granted a broad general power of attorney to my father and to my concubine at the time. Can I revoke only the power granted to her while leaving the power granted to my father intact?

  43. Hello. The other day I went to my lawyer's office to claim compensation for injuries from a traffic accident. I signed a document that I read over. And it's been 2 weeks giving me long. Tomorrow he says he will send it to me. If I do not receive it... Can I revoke that document without having the original and how? also going to a notary? I urgently need someone competent to answer me in 2 days. Thank you. Greetings.

  44. Hello, my story is the following; 9 years ago my mother was missing. Shortly after, my father, without us having enough information, summoned us to a notary to sign some powers, that was the only information we received, the truth is that at that time they told me to speak to a lawyer but I had neither the means nor the courage to face something I was completely unaware of.
    Today, after having placed my trust in my father and verifying that unfortunately he does not deserve it, I would like to revoke them, but I still have no information about what I should do and who I should contact.
    Thanks in advance and best regards.

  45. I granted a power of attorney to represent me in my father's Estate, but he did not inform me of anything about the matter and we talked to each other, by email, I have asked him several times to return that power to me because he is not authorized to sign anything for me and ignores me. I tried to get that original with a letter to the Judge and they did not return it to me.
    Although it was irrevocable, with a certified copy of it, can I revoke it and inform her and the Judge that it has already been revoked? Please request advice. thank you.

  46. Hi there.
    I have a question.
    I am in the process of separating and my still current wife has a power of attorney that I gave her years ago. She has the original papers of that power of attorney and she refuses to give them to me. Could I annul that power of attorney without the original papers? And is it legal for her to keep making moves with that power?
    Thank you

  47. It is mandatory to return the power of attorney if a notarized copy of the revocation of the same is required.
    Thank you

  48. jaime balderas perez

    What to do when the agent refuses to accept the notarial notification of the revocation of the power of attorney and does not deliver the original power of attorney and does not agree to talk with the grantor, I am afraid that he is doing wrong, accusing ignorance of the revocation and it is that he does not have a fixed address

    1. In the absence of an agreement, it is only possible to go to court. But, you should know that whoever uses a power of attorney knowing that it has been revoked, may be committing a crime.

  49. Hello, my question is not about revocation, I have a power of attorney from my mother, I always carry the document provided by the original notary to carry out a procedure and the banking institutions always make a copy of it. Today I went to another and they demanded that I leave the original with them. it's right?

  50. Can I find out if a power of attorney for the sale of a property has been used without contacting the person to whom it was granted? I have a copy of that document.
    If so, where and to whom should I contact?

      1. Yes, I gave power to a relative for the sale of a property.
        Back in the day, I asked for a simple copy, so I have a copy of that power.
        I would like to know if my relative has used that power and has sold the property, without asking him directly.
        How can I know that?

  51. Good morning, I would really appreciate your response.
    When a power of attorney is revoked and the attorney-in-fact is not located, a poster can be published motu propio or it must be requested from a court??????

  52. GOOD MORNING..
    YOUR BLOG IS EXCELLENT, AN INTERESTING TOPIC,,, IN MY CASE I NEED TO KNOW IF I CAN REVOKE A POWER OF ATTORNEY THAT IS CURRENTLY IN A PROCESS…..

    1. I should know something else to be able to answer him: what kind of process and what kind of power. But if you are in a process it is because there is a lawyer, it is best that you talk to him.

  53. My son and I each individually granted a special power of attorney over a piece of property to my sister 3 years ago, as we live abroad. Now I know that my sister wants to take away that property that is in the name of my son and me. I do not want my son to find out about this outrage and since I have a general power of attorney that my son granted me 6 years ago, I would like to know if I can revoke, as my son's attorney, the power that he granted him to my sister. I quote part of the text of the power of attorney that my son granted me where the act of revocation is mentioned but I have doubts about its interpretation: "....you can grant powers of attorney to people you trust, revoke them reserving their exercise... my representative can carry out any necessary management in the one that my presence is needed in the defense of my rights and interests as if it were myself… since the faculties listed here are optional and in no way limiting….”

  54. HELLO GOOD MORNING
    I have been working with a construction company for a year, at the beginning of this job I presented my papers, professional license, title, curp and birth certificate, recently they registered another construction company where they gave me or put me as a technical representative of that company, they certified my identity card, when I was supposed to have been fired, now I work again in that company, however I want to get out of there because the way things are handled are not ethical for the education that my parents gave me, I want to get out of that company and leave any type of responsibility that was given to me in that record, and I am aware that even when I am outside they can sign me, I need to know what I must do so that I do not see myself harmed or at least not end up with a bigger problem. I hope you can guide me a little on what measures to take.

  55. Hello, first of all I congratulate you for the article you have written and for your good faith in responding to all those people who presented their doubts.
    My civil marriage partner granted two general powers of attorney to her mother that she wants to revoke. He had already revoked one of them before the notary where it was done, the problem is that even if he presents the revocation, he will continue to use it and in no way will he return it or give a copy of it. And the other other power they did it more than 10 years ago in the other city that no longer remembers the address of the notary. How can you revoke them without going to that person or going to criminal court, because they will deny receiving notification or stop using the powers.

  56. a lady who takes care of a 93-year-old man, takes him to the notary and he makes a power of attorney for her.
    she puts all the lord's goods in his name.
    2 weeks after the power of attorney was granted, the lord died
    the heirs have been left with nothing.
    Is there a way to revoke this power and nullify everything she's done?

  57. Hi, I need to know what to do and how to do the following case:
    My father gave his lawyer a power of attorney to resolve the rectification of a deed that was badly notarized (it said married in one and single in another) and the truth was that he was never married. Now you want to annul that power granted to your lawyer, how to do it?

  58. I recently gave a friend power of attorney for my divorce (I'm traveling) but she can't take over right now because of work, can she give someone else power to divorce me or does she need my consent in person? Thank you

  59. Good afternoon, from what I have read, the revocation can be done by notarial deed, what exactly is it? A receipt from the notary that reflects that the revocation is going to be notified to the other party? Is the revocation only valid once that party is aware of it? If in the days until that happens he performs an act with power, would it be null?

    Thanks for your work

  60. Dear Dr.: The power of attorney has been assigned. When I found out, the agent through an affidavit acknowledged the lack of authorization, and "that he was not going to make use of his power or its assignment." Later I deliver both originals. Does this statement act as a resignation of the attorney? That's how I understood it. Years later when I was able to travel to Tenerife, I made the revocation in the presence of the attorney. And communicate verbally to the second. What was not done is that they signed the notification. I recently received a statement from a bank account that I had no idea existed. I am supportive for everything they have been able to do and I do not know? Is the declaration an element of evidence? How could I know if there were real estate, monetary transactions, etc. Since I live outside of Spain. Thank you very much already. Excellent your page

  61. I granted a power of attorney, referring to my house, I was never given a copy of it, I don't remember the notary number, but I do remember how to get there. This person is living in my house, she was supposed to acquire the credit and finish paying off my house, but the lawyer who was handling the case disappeared and nothing was done anymore. My question is how much does it cost me to revoke the power of attorney and how can I do it if I don't have a copy of it?

  62. Hello, I would like to know if I revoke a power of attorney to which lawyer do I have to pay the fees? Because I change my lawyer and the previous one threatens me with a seizure, it's a trial against art!

  63. Hello,
    Years ago I revoked a power of attorney and it has subsequently been used. The problem is that I don't have a copy of the revocation deed and I don't remember in which Notary Public it was made exactly. How can I demonstrate the revocation of said power of attorney in court? Yes, I know the Notary in which the power of attorney was granted. Should the revocation of the power of attorney be recorded in said Notary's Office?
    Thank you

  64. hi.dr. my.75-year-old.friend.signed.a.power of attorney to.his.nephew but.he.doesn't.have.a.copy.nor.does.remember.the.notary.and wants.to.revoke it...and his.nephew.doesn't want to deliver.the .power .. what can.be.done what.are.the.steps to.follow, just know.that.the.notary.was.in.zaragoza.. I would appreciate your advice..

  65. Hello, my question is the following:

    I carried out a construction job, however the client had financial problems and after several agreements a final agreement "ACTA" was formalized where two legal representatives sign. The indicated payment date is 30 days. If at the end of these 30 days, I have not received the agreed payment and the legal representatives who signed the ACTA, have been changed by other people... is this original document that I have, is it still valid? Who do I claim my promised payment from, if those who signed the act no longer work in that company??….

    This act continues to be valid, it has legal validity, although the legal representatives who had ample power to sign the act…..and that 25 days after the signing are no longer..???

    I will appreciate your comments

  66. Mr. Meadow:
    We are a group of 20 owners who empower two engineers (representatives of the construction company) to carry out the purchase and sale procedures of our apartments. I have reviewed the power of attorney and it does not indicate that they are acting as representatives, but rather as natural persons.
    We want to revoke this Power of Attorney, the construction company was dissolved and we do not have the original.
    Seven owners have already sold and we do not know if it will be possible to locate them.
    To request the Revocation:
    We must sign the 20 owners?. Is it feasible for the 13 of us who remain to do it as a group? Does it have to be individually?

    1. I think they can partially do it. We always tend to recommend a power of attorney for each interested party and not for a group, but people tend to say that this is more expensive. But in the long run, in cases like yours, it seems right not to use collective powers.

  67. For several years I have been the attorney for an individual to sign rental contracts (only for that), because the real estate agency does not inform me when I must go to sign said documents and instead they falsify my signature, I want to revoke said power of attorney. The person who gave me power does not reside in the country and does not show interest in resolving the situation. Can I, as a proxy, cancel the document that was ever issued to me?

  68. Good morning, I would like to know the tax that I will have to pay after selling an apartment located in Castilla La Mancha that was deeded for €57,000 and now I want to sell it for €90,000. I need to calculate the total expenses that I will have to know if it is worth selling the apartment.

  69. If a person has a position, such as president and grants powers to the attorney, if the president ceases to perform his duties as such, what happens to the attorney and his power.

  70. GOOD AFTERNOON, THE SALE OF A LOT WAS MADE, TO WHICH A POWER OF ATTORNEY WAS ASSIGNED TO THE BUYER THROUGH A NOTARY TO BE ABLE TO WRITE LATER, FOR WHICH THEY GAVE ME FAKE SILVER AND I NEED TO REVOKE THE POWER OF ATTORNEY UNTIL THIS PERSON SOLVES THE PROBLEM, SINCE I HAD THE NOTED TICKETS, IF SOMEONE CAN SEND ME A SAMPLE DOCUMENT LETTER, VERY GRATEFUL

  71. Hello, my aunts granted my father a power of attorney for a property. My father passed away and they want what is theirs… Does anything belong to that property to me? What about the power granted? since I can't find the copy that my father had.

  72. Good evening, my mother granted a power of attorney for a property to a friend, it was to get a loan and he scammed her and sold it, what can be done?

  73. Good afternoon: I've been Proxy of an SL of my ex-husband for about 20 years. I thought that he had already revoked my powers and I find that he has not. I have never used them but I would like to proceed to revoke. What advises me and what risks does it have if any. Thank you, your tips are very helpful.

  74. I want to revoke a power of attorney granted by me in Spain but I do not know the current address of my attorney who resides in Marbella. I. I live in Argentina. My question is how can I make a reliable communication?
    Can it be with an edict in the BOE?

    1. The essential thing is that you have a copy of the power of attorney, and notify the revocation to those against whom the power of attorney can be used, but I believe that the notification by BOE is very doubtful.

  75. Good morning, I have a real estate under a will which my mother left me, I have already proceeded with the insurance and the cancellation of the mortgage by the real estate agency where, under the Public Registry, the real estate remains in her name. Now they have given me a cancellation of the Trust and I am in the process of revoking the real estate and registering again before the public registry in the name of my mother to carry out the adjudication formally, but I would like to know how long it takes since the notary and manager who They are carrying out the process, they have not given me an answer for more than 3 months and I am worried that it will reach the end of the year and the papers will expire or they will ask me to restart a process again. I have been like this for 3 years and I have not been able to award it to it... can you advise me?

  76. Good afternoon: my mother wants to sell her apartment and she wants me to take care of everything. She is very old and in a wheelchair, a power of attorney made at the notary is enough. thank you.

  77. Good morning,
    I want to buy a truck and it is in the name of a person who recently passed away, who empowered his wife to sell the truck before his death.
    The sale is valid through this powers? Or when the owner dies, should we wait to find out who the heir is?
    Thank you

  78. Good morning,
    I am living in Canada and I left a power of attorney to my sister who is living in Argentina to manage family affairs if any problem arises with my parents. My parents are already old and my father is in a terminal life situation. I see that she is very concerned about material goods and I begin to distrust her. I am traveling to Argentina in a week. I can revoke the power of attorney in any other notary or it has to be the same. The notary with whom we made the power of attorney is linked to the family and I don't want my sister to find out for the moment to avoid a family problem. At the right time, I will inform you that the power of attorney I gave you has been revoked.
    From this moment I thank you for your answer.

      1. Can power of attorney be revoked without notification? And I talk to my sister when the time comes? If she uses the power of attorney without knowing about my revocation, is what she signs on my behalf valid? From already thank you very much.

  79. Hello. I gave the power to some lawyers to carry out my retirement procedures but a long time has passed and I did not get anything that I urgently needed. I would like to revoke the power of attorney and I doubt that I will give it to other managers or lawyers since, at this point, I can carry out the procedures myself because I am getting closer to age and it is easier. How can I legally revoke their power of attorney?

  80. My brother made me a Power of Attorney, and I don't know where or when we did it. At least 20 years ago. Where can I get said power of attorney???
    Thanks and best regards

  81. Good morning, I want to see the way to revoke a power of attorney that I grant to a friend to carry out procedures, but it is a date that nope solves it for me, I have lost confidence in it, the problem is that I do not know which notary to do it with, what can I do in this case? Well, I don't want it to hurt me.

  82. Good morning, my question is the following, I granted a general power of attorney for lawsuits and collections, acts of administration and acts of irrevocable ownership to my father of a specific house where he can make and receive payments, assignment of assets, adjudicate etc... it is mentioned in the power of attorney that it is irrevocable, by virtue of the fact that its granting was stipulated as a means to comply with an obligation contracted prior to the granting, empowering the agent to acquire the property object of this instrument or of the person you designate. Well, in this case there is not, nor was there, any obligation contracted before this power, it was only the official, also with acts of ownership, to help me sell it since I was out of town. Now the problem is that he is already selling it without my consent and he wants to award the sale. I already have the original copies of the power of attorney that I granted him, but I know that he could request a new copy from the notary. Among other things, I would like to tell you that there is still no annotation of said power of attorney in the public registry deed... how could you revoke or nullify that power of attorney if you do not see it?

  83. Transfer my house to a person who grants him a power of attorney so that he has the power to carry out all activities in the house, now mr. He is failing me in payments and I am afraid that he will stop paying me for having that power.
    Do I have any risk of losing my house by giving him that power?

  84. Good afternoon!

    I have a power of attorney from my father, for several years, and now he is incapacitated. How can I know if the power of attorney is in effect? Now I live in another province, can I go to a notary in another province to ask if it is valid? Do notaries have some kind of communication so that they can certify my validity in another province?
    Thank you so much.

    1. If your father is incapacitated, there will be a judicial sentence, and the power will be extinguished. If there is no sentence but his father has lost his capacity, the power is extinguished, unless its validity has been foreseen despite the incapacity. If it is valid, it is everywhere.

  85. I will get married by proxy, all the documentation has already been delivered to the court… Just today the attorney spoke to me. And for personal reasons she cannot represent my future husband... What can I do? How do I change that power??? We are waiting for the reserved audience and I am really confused… Thank you for your guidance.

  86. I sent a power of attorney to my sister for the sale of my parents' house but it turns out that it is not yet sold, what advice I want to revoke power of attorney until it is sold again can I do this or does my sister continue to maintain this power of attorney for advice, thank you

  87. My mother gave my sister a power of attorney so that she could do the paperwork that my mother had to do since my mother could not read or write 6 years ago my mother died and now my sister has taken over my mother's house Is that power still valid? thank you

  88. Hello, good evening, Dr. Mire, I have a problem 5 years ago, we granted a power of attorney and a will to an aunt by marriage, but she did not comply with the payments, so we decided to revoke them and the will, my husband changed it to my name. She kept the original power of attorney 5 years ago and now that we revoked everything, they gave us the new documents, where is it revoked? The fact is that she already built the house, what can we do there? Can she sue us for revoking it?

  89. I gave my brother a power of attorney to make the donation of my property, the power of attorney has been registered in the public registry but the donation has not been made. my question is;; do i have to revoke it? , I am not going to use it anymore because I am going to sell my property giving power to another person to represent me. thank you

  90. I granted a general power of attorney to my sisters, I am currently in the United States and they are in Spain, I do not have a copy of the power of attorney
    How can I revoke it?
    I don't trust how they can act
    Can a lawyer make the revocation?
    Thank you

  91. In the year 93, I signed a power of attorney for the benefit of a relative of mine and I was a minor. My parents also signed for being my guardians and he passed away 6 months ago.

    My family member bought things and put them in my name when I was a minor.

    Now the executor is selling properties in my name with the power of my Relative and the other person beneficiary of the Power.

    Friends of mine tell me that I should have signed myself when I was 18 years old and I didn't and now the people who have power do not report any of those sales….

    That is true!!!!!!
    How can I claim something from the sale!!!!

    Thank you so much….

  92. Ariel Guillermo Plomer Zimmermann

    Years ago we made two total reciprocal powers of attorney with my ex-wife, we have been separated for 3 years but I still have not been able to get a divorce since we both live in Brazil, the two powers are with her and I want to revoke them, one was made in Palma de Mallorca and the Other in Valencia because we had forgotten the one in Majorca and we needed to make another one, in 2005, but I don't remember who the notaries were and I don't have copies of them and she doesn't want to revoke them or provide me with a copy, how should I proceed to revoke them Thank you

    1. Ariel Guillermo Plomer Zimmermann

      I'm still not divorced, legally, I'm not able to do the divorce in an amicable way, and living in Brazil it's more difficult to do any process of this type
      , thank you

  93. I have revoked a power of attorney without notifying the agent, keeping the revocation document. I have subsequently destroyed the original of the power of attorney and the copy with the revocation note. Does said destruction have any consequences? Thank you, regards.

  94. Good afternoon!
    My boss had given the powers of attorney to certain people and lawyers and now he does not remember who gave them to him and he wants to make a generic revocation of all the powers of attorney, what steps do we have to take?

  95. Good afternoon, my mother gave a joint power of attorney to 2 brothers, I take care of her. Now she has degree 3 dependency and we need the money for a residence but one of the attorneys does not want to withdraw money from the account for this purpose, since the 2 attorneys are authorized in the bank account and the signature of the 2 is needed . What can we do?

  96. Hello, thanks for the answer, I want to know how much it costs to register a revocation of powers at Sunarp. Thank you.

  97. Query, they gave me a power of attorney but I can't do the job, can I give the power to someone else, the person who gave me the power of attorney lives outside the country

  98. Hello. I have a power of attorney from my parents - also conferred reciprocally between them and even for the assumption of incapacity - with which I have always acted in their interest. Of said power, my father (in his name and in my mother's name) made a substitution, also in my favor. Recently my mother -who is undergoing treatment for dementia- has notified me through a notary public of the revocation of the first power of attorney but not the second. The question is: am I still empowered?

  99. Good evening, my husband and I granted a broad power of administration and disposition in favor of my mother, my father and my brother, in the year 2010. In March 2016 I revoked my part of the power of attorney to my father and my brother, leaving it to my father so that he could sign the sale of a house that was mine (it was not a good property), I communicated it to my brother by document letter (my father passed away) and he did not want to receive it. My husband revoked his part in its entirety in June, they were informed by registered letter with acknowledgment of receipt, but they refused to receive it. In the month of September 2016, my mother signs with that power of attorney the sale of an apartment that was in my name (Community property) despite the fact that the power of attorney was revoked. If they do not want to receive the notification of the revocation of the power of attorney and therefore do not want to return it to me and they are also using it even though they know that it has been revoked, then what can I do?
    Thank you.

  100. My problem is this... my mother married a man for years. He had already been married recently, my mother started to have Alzheimer's disease... and now he wants to kick us out of the house... presuming that my mother signed a power of attorney for him... can I revoke the power of attorney and as her son can I plead for her? Since Ella, due to her mental faculties, can no longer. Asher nothing??

  101. Dr. granted power of attorney to my sister 20 years ago so that she could dispose of my land, which I forgot to revoke, but this January 24, 2017 she has sold it to a younger brother. The principal resides in Chile, but in the month of January and February I traveled to Peru and I have updated my information before public entities, regarding my house, I even sent a notarial letter to my sister so that she vacate my property, but with the power of attorney from 20 years ago she has sold it although my will is already different. What can I do, Dr., to get my house back and if my new agent can now revoke the power of attorney.

  102. Dr. I left my uncle a power of attorney dated 02/28/2017, my uncle can revoke the power of attorney that I sent to my sister 20 years ago through the consulate in Germany.

  103. Dr. I have a power of attorney over a vehicle due to a debt that the owner had and after three days they revoked it but they never notified me of said revocation I transferred the vehicle and the new owner wants to sell but the vehicle has been retained by the new attorneys and it is based that their special power annuls the transfer I invested a certain amount of money in the vehicle to make it functional and I transferred it, it is true that the transfer is null and what remains what I invested What law protects me and the new owner of the vehicle

  104. Good morning, I gave a power of attorney to a lawyer but I no longer want to continue with the filed claim but the lawyer tells me that to revoke it I must pay her 300 thousand, this is legal

  105. Carry out the revocation of power of attorney in the same notary office where the power of attorney was prepared. I would like to know if the Notary Public should send a notarial letter to the person who was granted said power of attorney

  106. Good evening, we are three brothers and my parents passed away, a declaration of heirs has been made, but the inheritance has not been distributed. Now my other two brothers have made a power of attorney (where I am not) to rent the properties when I have not given any authorization, and they are using it without my consent. What can I do to challenge said power of attorney and not to use it since I do not agree to rent... Thank you

  107. Jose Maria Cifuentes head

    Hello, 11 years ago my sisters signed a special power of attorney for me to be able to put my mother's apartment as guarantee in the purchase of my apartment since my father died and due to inheritance issues I had to do it with their signatures, we signed a mortgage with said guarantee and now they have sent me a burofax to revoke said power of attorney, my question is if the guarantee would be canceled

    1. Jose Maria Cifuentes head

      Please, I would like to know if the guarantee is canceled and if I can have problems with the bank in the sense that they ask me for the money corresponding to that guarantee

  108. Hello. Good day. My query is. A year ago I bought a vehicle and I sign 08 the attorney of the owner of the car. That power of attorney was recently revoked and I have not made the transfer yet.

  109. Hello, I want to mediate in a purchase and there is a company representative who has a power of attorney to sell. How can I verify that this power of attorney has not been revoked?

    1. The first thing I would like to know is if you are calling from Spain. If it is a Spanish company, the power of attorney should be registered in the Mercantile Registry, and if its cancellation is not recorded, in principle it must be considered good. I believe that the fundamental thing is that you do not deliver any amount without professional advice. Go to a notary.

  110. Sulemma Naranjo.
    Good morning, my query signed a power of attorney more than a year ago to request a loan but now I do not agree because the beneficiary of this money is going to do another person and I am the one who is going to pay the process is already in progress how can I revoke this power of attorney.
    thank you

  111. At the time, my father was in good health and granted power of attorney to a lawyer in a lawsuit for some money from the IPC to the retirement salary fund of the National Police. I start the process and it came out in zero pesos. Then the lawyer started another counterclaim and at that time my father was already in very delicate health and could not sign, he only placed his fingerprint and my sister signed at the request. The process began and currently the lawyer definitely disappeared, he is not in the office, he does not answer his cell phone, we do not know which court the process is in and we do not have any information about the process. My question is how do we revoke the attorney's power of attorney? Thank you for your cooperation.

  112. On the 7th of 2003, I granted a power of attorney to the father of my daughters in Chile for the sale of a house that we owned. Due to family problems, I decided to come to my country of origin, Vzla, as is known, a country with many difficulties that I have also had to confront. They forced the power of attorney to be granted to my daughters' father and it was sent to the Notary where the power of attorney had been executed. I find out that in month 11 of 2011 he makes an alleged sale to one of his daughters from the first marriage-ACLARO, the power of attorney that grants him only passes through a public notary, but does not sign within 60 days that the Law says that it passes to the Registry. I can on this date request to revoke the alleged sale, if it becomes illegal-

  113. My dear

    At the time, my mother gave her sister a power of attorney for all purposes, this power of attorney was made 10 years ago and did so indefinitely, in which my mother has lived in Sweden for 15 years, now she wants to see if that power of attorney has been lost or not valid, or how to revoke it.
    In this case, my mother, who lives outside of Chile, does not remember which Quilpue notary public validated this and she does not have a copy either.

    How can I verify that it is active? And how do I cancel it while I'm out of the country without knowing which notary it was? And how do I find out the notary?

  114. Good morning, my concern is about the revocation of a judicial power of attorney. My father granted a legal power of attorney to a lawyer to represent him, the lawyer did not appear at the hearing and the judge decreed that the case was abandoned, therefore the lawyer made the claim invalid; Now my father sent me a general power of attorney and I, as attorney, want to revoke the legal power of attorney in this case; That's why my question is: can I do it as a proxy???, or only my father can do it??, because the problem is that I live in Ecuador and my father in the United States. I thank you in advance!

  115. Good afternoon. My power of attorney (done before a notary in Spain) was partially revoked: in a reciprocal and mutual power of attorney, only as soon as one of the principals was revoked and the rest remain in force. Now the authorized copy has been lost. Can another authorized copy be requested in such circumstances, for use by the party that is in force? Thank you

  116. Teresa Isabel touching warrior

    Good evening, urgent help. My husband gave a power of attorney. The person to whom he gave it does not want to give him a copy and my husband does not remember that the notary was how it can be revoked.

  117. Teresa Isabel touching warrior

    Good evening, what can I do if they don't want to give me a copy of the power of attorney? My husband doesn't remember what notary it is.

  118. Hello, I made a power of attorney for my sister when I was divorced, now I have remarried and I am leaving again for a while, my question is:
    Is it worth the same power of attorney where it says that I am divorced?
    I clarify that she would only have access to what is mine alone, nothing to do with my wife.
    all the best

  119. Hello. A year ago I gave possession to a person in law over my house because he still does not have a deed for a loan and he asked me for that as a guarantee. I continue to live there but now this person is charging me double what I lent him with interest and it was not so that we agreed, she wants to take my house and get me out of it with my children, how can I do, I am desperate, I gave him that power without thinking that he would do this to me, help me

  120. I gave my mother a power of attorney to take charge of my properties in the United States and put them in her name without my authorization. I already revoked her power of attorney. How can I get them back? I'm deported

  121. a married couple was granted broad powers of representation and disposition, they divorced, can one of the spouses continue to use the power granted? Or is it automatically revoked by divorce? Or do you have to revoke and notify it? If the whereabouts of the spouse to whom you want to revoke is unknown, can you notify of the revocation through an edict? what would be the procedure?

  122. Fernando Ramiro Herranz

    A sole administrator of a company, gives a power ("total") to a person at a certain time.

    A year later, it also gives a similar power of attorney (“total”) to another, but it does not explicitly state that the previous one is revoked.

    The question is whether the second automatically overrides the first, even though no explicit mention is made anywhere.

    Sincerely.

  123. Good morning, My friend from Ganha suffered a car accident in Argentina. He was on trial for a few years. He left the country because he could no longer renew his visa but he left a power of attorney to the lawyer who was handling the case. Won. He asks the lawyer to send the money to the country where he now resides and the lawyer refuses. She tells him that if he doesn't come and pick it up personally, she can't do anything. He can't come back because they won't give him a visa, which is why he left. Is there something that can be done ?

  124. Good morning, my question is the following, I separated in fact, the property was in my name in the deed, and there was a special power of attorney in the name of my ex where he could act, I revoked that power of attorney that I did not know existed until now, but I never notified it, since I did not know his address and whereabouts, this was on 04/2013, on 06/2013, the deed for half the house in his name, I I give an account for ABL services, he gives me the deed where it says that I sold him the 50%, this was done with his power of attorney already revoked but not notified, it is valid.??? thank you so much.

  125. Good day with my ex we had a bar but I left and left 50 percent to my 2 children. My son wants to return the part to me again. I can revoke that paper or sale or what can I do to have the right over the bar again. A thousand thanks. A deed was made in noratia.

  126. Hello, and Excuse me, My Sister initiates the succession of my Mother, 19 years ago, We were never notified to the 2 Heirs, because She gave her a power of attorney, and according to "my Lawyer" it appears sale, which I usufruct of the Property 19 years of the property, The Succession was never closed, We are declared Heirs, after requesting its removal, Can she revoke in favor of one of us? Thank you so much

  127. Hello, 6 years ago (I don't remember the date very well), we gave a power of attorney together with my husband to a person in Spain. Since we were traveling to another country. At present we want that power to be annulled, that is, REVOKE it.
    My husband cannot travel to Spain due to work reasons, but I could.
    Could that power of attorney be revoked without the presence of my husband?
    What should we do?
    Should my husband grant me a power of attorney to process the revocation?
    What would happen if that person refuses to receive the REVOCATION?
    Thank you so much

  128. GOOD MORNING. MY THREE BROTHERS AND MYSELF GRANTED A SPECIAL POWER OF ATTORNEY TO OUR OLDER BROTHER, SAID POWER OF ATTORNEY WAS GRANTED BECAUSE WE ARE HEIRS OF A PROPERTY WHICH WAS OWNED BY OUR DECEASED PARENTS. IT IS THE CASE THAT MY OLDER BROTHER COMMITTED THE FLUCKNESS OF SELLING A LOT OF LAND TO MY SISTER. ALLEGING THAT HE IS THE FULL OWNER OF THE PROPERTY OF WHICH WE ARE HEIRS AND SAID LOT OF LAND WAS NOTARIZED. MY QUESTION IS THIS SALE LEGAL? WHAT LEGAL ACTIONS CAN WE TRY AGAINST OUR BROTHER.

  129. I left a power of attorney over my children to my sister in Venezuela, she wants to travel to Chile with the children, that power of attorney is valid for her to request a travel permit

  130. Hello, I am writing to you from Argentina, I want to ask you if you can find out the history of the use that has been made of a broad general power of attorney.

    I am telling you this because my father made my mother sign, almost forcing her, a broad general power of attorney in the name of his brother, in 1978, my father died in December 1997, both brothers were partners but my father's brother gave us ten percent of what he really received, when it had to be half.-

  131. Good afternoon. I have recently revoked a power of attorney and the corresponding notification has been made to the person who was empowered. However, said notification was returned, the envelope being open, due to an alleged incorrect address. What are the consequences of not receiving or returning the notification?

    1. I think those questions should be asked to the Notary who made the revocation. As you can understand, I do not think it is convenient to give an opinion, having another professional in the middle and without having any documentation to issue an opinion.

  132. Good evening, my question is: a friend provided a broad power of attorney to the sister, at this moment my friend is deprived of liberty, but in order to be released on probation they ask him to have good previous conduct, 20 years ago he served a sentence (signing) for driving under the influence of alcohol but he never cleared his papers. Since the sister cannot carry out procedures due to lack of time, could she grant me a special power of attorney to carry out only that procedure on behalf of the brother, empowering that he has a broad power of attorney?

  133. My father-in-law inherited a piece of land from my wife by means of a broad and irreversible power of attorney, that power can be revoked ……thank you I am from Mexico

  134. I have been granted a power of attorney by a person who travels constantly, but I would like to GIVE UP that power of attorney because I get legal notifications related to your properties and it puts me in trouble because I have the responsibility to try to locate you and inform you of them. This is why I want to see the way to GIVE UP I DON'T KNOW WHAT PROCESS I CAN DO, because it is not convenient for him because he knows that I try to be a correct and formal person

    1. The power can be renounced or simply not exercised. But the subject of the notifications you receive should be discussed directly with the people who send them to tell them that you have relinquished power.

  135. You could annul a deed of a property that belonged to my parents, they are no longer here, my father gave me their rights, they still did not have deeds and I, with the assignment of rights that my father granted me, proceeded to notarize this power of attorney. It was done where he acquired the property. but you know, time goes by and the brothers can do something against me

  136. Good day. A few years ago my uncle made my grandmother (who could not read or write) sign a power of attorney over the house, telling her that it was a piece of paper for a pension (that is, with lies). My mom had already passed away. But there were my brother and I who didn't know anything and my other uncles didn't know anything either. Can that power be revoked or something done? My grandmother passed away last year and my uncle does what he wants with that house

  137. In an Inheritance there were 3 brothers "AB and C", the beneficiary "C" granted a power of attorney in good faith, to the beneficiary "A" motivated that she would be out of the country. At this time the "A" does not want to acknowledge anything.

    The beneficiary "B" is managing at the request of the beneficiary "C" to annul said power of attorney but the beneficiary "A" refuses to provide data on it (copy, date, volume, etc.) and the affected party does not remember any data since she acted in good faith.

    Is there a way to revoke the power of attorney under these conditions 1) Without data and 2) The grantor being outside the country

  138. Hello, my consultation is the following I want to leave a general power to a person who is not my relative or has any kind of family relationship with me, and I want it to have interference both in a property that is a part of mine and some judgments or claims by a ccident suffered by me, and I want to know if it is possible that this person is encragated from all this after my death or that process should be done or how it is an “example”

    1. The powers are extinguished with the death of the person who has granted them. In any case, your question is sensitive enough for you to discuss it with a professional, face to face. This website is not an online office.

  139. I want to take away the power of the lawyer because I think that he is collecting 60 percent of the pension of my brother who died in combat in the army that was left to my parents and it has been 3 years since the case was won.

  140. Good morning, my question is, we are two brothers who gave our mother a general power of attorney, based on deception, my question is, can we annul it and is it necessary for her to be there?

  141. Hello, my question is, we are brothers, I have made a general power of attorney to my mother, under deceit, can we annul it? and we need your signature?
    Thanks since now

  142. Hello, my great-grandmother gave my grandmother a power of attorney to collect her pension since she was in the hospital and when she got better she continued to collect her pension and the power of attorney says two years! How can we undo that power so that she can go calmly and recover her salary since they don't give it to her?

  143. good, what happens if two spouses grant power of attorney by public deed to represent them but after a few years one of the spouses dies, the power expires or remains in force because one of the principals is still alive

  144. Good afternoon.

    What happens when a lawyer draws up a power of attorney and the data is correct, but when entering the document in the notary, the sheet that the notary certifies makes a mistake by placing the nationalities of the people who are granting power to xxx person and even so the notary delivers it already certified with that error.
    The question is, is that power valid or is it ineffective and they would have to make a new corrected power again.

  145. Hello
    I would like to know several things:
    1. When revoking the general power of attorney to a family member, must the notary give me a document reflecting that the revocation has been carried out? I mean a receipt... regardless of whether the original copies are delivered.
    2. As principal, I would like to keep the original and for my attorney to keep a simple copy. Is the simple copy valid before the education delegations? (Am I more at risk if my proxy keeps the original?)
    3. How do I indicate that I want my agent not to be able to make copies of the power of attorney?
    4. The general power of attorney that I have, how do I know if I may have made copies of it? In which clause is it indicated?
    5. How can I declare that my attorney represent me or act on my behalf before the education delegation, I am interim and I only want the power for this point.

    Thank you so much.

  146. Good evening, I granted my spouse a broad power of attorney for the bank accounts of the house where we live, but because of the situation in Venezuela I came to Colombia to work, also a power of attorney that can leave the country with the girl and I am the legal representative. All of this was done by a lawyer, she only took the document to her work to sign. My question is, can she sell the house without my consent and without me signing anything or putting it in the name of another person, even her own, thank you

  147. And what would happen if, there are 4 principals and three want to remove power and one does not want to remove power, to the agent. What proceeds to solve this problem in favor of the three principals?

  148. Thank you in advance for your attention and for the clarity of the issues that you disseminate.

    I have been suffering for some time from the "bumps" of an elusive and somewhat cheating agent. He represents two ladies who are supposed to live in Venezuela, but who have never appeared in any of the two legal proceedings in which he has involved me. In 2009 I started a procedure for a claim for amounts, but when required in court, he declared that once the first trial was concluded, he returned the power of attorney and all the documentation to his principals. He reiterated that he no longer represented them and indicated that he did not know if the power of attorney had been revoked, although he explained that his clients were going to appoint a new attorney. The surprise arises now, in the middle of the year 2018, when again the attorney, wielding the same power that he had resigned, returns to the charge representing those who had repudiated in court. He does so after a procedure, with a final sentence, in which both were declared in absentia and he dismissed their intervention. I wonder if it is possible to make such a tortious use of a power of attorney and if it is possible after such an explicit resignation (I know that it is necessary to go to the notary for the revocation), it is possible to enter through the court as if nothing had been declared. The appearance of this "intermittent" representative led to an order, for which he filed the procedure of the year 2009. What usually happens in a case like this? What can be done about this?

    sorry for the extension

    1. Look, if I answer some questions it's because of their obvious simplicity, but your case would require me to assess a lot of information that I don't know, and giving an answer, especially when the matter takes place in Venezuela, is extremely delicate.

      Thank you very much for following us

      1. I would like to point out that this case occurs in Spain. I simplify to the maximum: can a proxy act with the same power that he relinquished years ago in an appearance in court? Would that power of attorney be valid to represent some powers that he said he no longer represented and that he had handed over power?

        Thank you very much, and sorry for the insistence

        1. If you do not physically have the power, you will hardly be able to use it. What you must take into account is that the exercise of power, with revocation or reluctance, may be valid against bona fide third parties, that is, if they are unaware of the revocation or resignation. Another thing will be the possible responsibility of the attorney in front of the principal

  149. Hello, my case is about the authorization signed by me towards my wife so that she travels with my daughter everywhere today separated not divorced I want to revoke the power of attorney due to lack of trust. I would like to know if justice can accredit my wife to continue having my signature without my authorization through trial

  150. If a power of attorney is revoked and the affected party is notified 50 days later, is there any legal way for this person to go against the signatory for lack of communication?

  151. Good night. I would like you to help me please, we are five brothers, who together with my mother, who was a widow, gave a power of attorney to a cousin for real estate in his and my father's names. Today both my parents passed away. Could we revoke the power of attorney so that my cousin does not sell the property or with the death of my mother it is void? We can do it each brother independently ???because I have brothers outside the country. Or what solution would give us???. Thanks in advance for your support.

  152. Good afternoon dear

    This is to make a query regarding a broad power of attorney that my daughter's father left on 12/04/2017, he has been in Chile since that date, so he left me this power of attorney which is notarized, I am currently in the process of going to Chile where he is. My question is whether this power of attorney is still valid or should I notarize it again and go to the logna.

  153. My grandmother, now deceased, signed a power of attorney for her son, my uncle, now my aunt, who is the eldest daughter, wants to manage the assets. How could I do it in this case I would appreciate if you help

  154. Aliria Mallen Ramirez Fernandez

    Good morning, could you please clear a doubt for me, my father died as a minor, I tried, my mother made me come from where she was to sign a power of attorney which I don't know what it was used for, how can I find out what it was used for and if I can recover something or receive something if I leave my parents for myself and my children

  155. A signed power of attorney loan policy. Said loan soon ended up in court.
    Said power of attorney was revoked and annulled before the monitoring was held. This was in 2007
    It should have been communicated to the Court at the time?????.
    Today, due to this loan, the payroll is seized.
    It could still present the revocation of reciprocal power????.

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