Legal experts advise on the necessity of preventive powers of attorney

Notary María Cristina Clemente Buendía highlights the importance of preventive powers of attorney to ensure legal continuity when a person loses decision-making capacity, such as due to Alzheimer's disease.

She explains that a general power of attorney does not automatically remain valid if the grantor becomes incapacitated. For the document to remain effective, it must include a specific 'subsistence clause' that expressly provides for its continuity in the event of the grantor's loss of capacity.

Legal reforms in November 2003 and September 2021 have updated how these powers are handled, making it essential to review the specific wording of existing documents rather than assuming broad powers will suffice during a medical crisis.