Posted on Wed 7th June 2017 4.35PM General law
Notaries are sometimes asked to prepare and notarise powers of attorney to be given by children, often to their parent, or to be given by a parent on behalf of a child. These are often associated with Spain and with inheritance.
Unfortunately there are a few problems. Under English law a child cannot hold land in their name and does not have the legal power to grant a power of attorney. Parents, although they have considerable authority over their child's welfare, do not have legal authority to dispose of their property nor to execute a power of attorney on the child's behalf. These limitations in English law are often not understood abroad.
Unfortunately, the only remedy for a parent is an expensive one of applying for authority to the High Court. Any parent confronted by this dilemma should immediately see a notary to try and resolve it. They should not assume that there is a simple solution.