In professional practice, it is common to encounter unforeseen situations\u2014such as illness, accident or cognitive decline\u2014that prevent a person from managing their personal and financial affairs independently. In such scenarios, the preventive power of attorney serves as a particularly effective legal tool for anticipating and organising decision-making, thereby avoiding complex and costly legal proceedings.<\/p>\n
What is the preventive power of attorney?<\/strong><\/p>\n It is a notarised power of attorney whereby a person appoints another to act on their behalf, with the particularity that it will remain valid or come into effect if the grantor loses their capacity.<\/p>\n In Spanish law, this concept is primarily based on Articles 255 and 1732 of the Civil Code, in relation to the regulations introduced following Law 8\/2021, which reforms support for people with disabilities in the exercise of their legal capacity, reinforcing autonomy of will and prioritising voluntary measures over judicial ones.<\/p>\n It can be structured in two ways:<\/p>\n Main advantages:<\/p>\n \u00a0<\/strong><\/p>\n Key points<\/strong><\/p>\n A preventive power of attorney can be modified or revoked at any time and must be registered at the Civil Registry to ensure its validity.<\/p>\n Conclusion<\/strong><\/p>\n The preventive power of attorney is an essential tool for personal and estate planning, which we recommend to our clients, particularly when they are in the process of succession planning. It allows for anticipating situations of vulnerability, protecting the client\u2019s interests, and avoiding more rigid judicial solutions, thereby providing security and peace of mind both to the individual and to their family environment.<\/p>\n","protected":false},"excerpt":{"rendered":" In professional practice, it is common to encounter unforeseen situations\u2014such as illness, accident or cognitive decline\u2014that prevent a person from managing their personal and financial affairs independently. In such scenarios, the preventive power of attorney serves as a particularly effective legal tool for anticipating and organising decision-making, thereby avoiding complex and costly legal proceedings. What […]<\/p>\n","protected":false},"author":14,"featured_media":342908,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","inline_featured_image":false,"footnotes":""},"categories":[527,481,513],"tags":[],"class_list":["post-342910","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-civil-law","category-informative-notes","category-personal-income-tax"],"yoast_head":"\n\n
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