Family conflicts generated by the distribution of inheritance are usually due to the drafting of a generic will in which clauses created for each case do not appear. However, few know the existence of a notarial document that can avoid problems when the principal loses his ability to make decisions.
One of the situations that can generate the most complications in a family, especially when one of the parents has a large estate, occurs when the parent loses the ability to make decisions. This is when, if it has not been previously established who should be in charge of directing and managing your wealth, conflicts may arise between successors.
However, this situation can be avoided with a simple procedure at the notary. According to Antonio Arias Giner, notary at APS Notarios, The will is not the only document that can prevent possible conflicts relatives; also the preventive power. A notarial mechanism with which the grantor can designate another person to act on his or her behalf in the event that he or she loses the capacity to act on his or her own behalf.
An instrument that can avoid judicial proceedings
This mechanism is not only useful when the parent is in charge of managing a large amount of assets, but also when making decisions regarding their care. Whether it is choosing where to pay the fee or whether to sell the home if you have to enter a residence, “if at that moment you can no longer express your will and you have not left anything prepared, your family may have to start legal proceedings“.
Something that can be avoided if a preventive power of attorney is previously made, since this “document specifies to whom the action is delegated and defines the scope of the powers granted.” Therefore, this mechanism acts as a form of protection for both the person themselves and their assets, allowing them to designate a person you absolutely trust to manage those issues that may affect you both directly and indirectly.
However, within it it is necessary to establish the functions that can be performed in the event that the deceased loses his or her faculties. These tasks may be personal in nature, enabling you to determine what type of medical care you will receive or whether you will remain at home or in a nursing home; as well as of a patrimonial nature, granting him the power to be able to manage companies, assets or real estateas well as bank accounts.
It must be included how the loss of faculties will be demonstrated
In the document you can also determine “how you want them to be used,” explains the notary. And, furthermore, it can be established whether its effects are deployed from the moment of its granting and are maintained in the event that the principal loses his or her capabilities; or that these are only deployed when the incapacity of the principal is officially declared.
In the second case, the document must show how the loss of powers must be demonstrated. Something that will facilitate the process for the agent to act as a representative of the grantor’s interests. Likewise, in the event that years pass and the designated person loses the trust of the principalthis instrument can be modified before a notaryas long as it is in its full capacities.
People outside the family can be designated
As Arias Giner explains, the designated person or persons can be anyone who is fully trusted by the principal. This means that the agent does not have to be a family member or have any type of relationship for the power to be granted. You simply need to have a relationship of trust, that it is a natural or legal person and has the capacity to act at the time of appointment.
The process to create this mechanism is much simpler than that of writing a will. The principal must present his or her national identity document and indicate the personal data of the person or persons he or she is going to designate as representatives. Finally, you must communicate to the notary all the functions they will be able to perform and the conditions for this.