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If the person accepts the notarial route and it is not a representative assistance, is it necessary to make general powers of attorney?

Judith Franco
Judith Franco Arrese
Lawyer. Legal advisor with coordination functions
Fundació Malalts Mentals de Catalunya

General powers of attorney and notarial assistance are two very different documents, both in their foundation, in the powers granted, and in their control.

Notarial assistance without powers of representation implies a need for support or collaboration requested by a person with a disability to exercise their capacity on equal terms. In contrast, general powers of attorney are granted regardless of whether support measures are required, as their purpose is to authorize another person to act on behalf of the grantor, under the terms specified in the power of attorney; these can also be established with a provision for continued validity in anticipation of loss of capacity.

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Judith Franco
Judith Franco Arrese
Lawyer. Legal advisor with coordination functions
Fundació Malalts Mentals de Catalunya