Notary / Sale of property abroad / Incapacitated Seller

Baby01032012

Hi all,
My dad is in poor health physically and now has some slight dementia. He is 83. He has recently gone to a nursing home after spending 7 months in hospital. He has a property in Spain. Before he became ill he expressed a wish to sell the property in Spain. Which i think is wise to have all his assets in Ireland. It has not been sold yet. However i want to have everything in order for when a sale is agreed. 
My dad sold another property in Spain 2 years ago so im familar with the process, the Spanish power of attorney, the notary here, having it apostled by the Dept. of Foreign affairs. My question is around having a notary witness my dads signature, given his poor health and he is in a nursing home. Can a notary do this?
Ive emailed the notary my dad used 2 years ago but no response yet. I intend to discuss it with my dads solicitor as well. Maybe an enduring power of attorney here might be more appropriate at this stage so that i or someone else could act on his behalf.
My dads former solicitor had suggested it to me years ago but its something i had been putting off.
Ill be seeking legal advise but any opinions would be welcome.

Pat Mustard

This is a question about capacity, as to whether your Dad has the capacity to execute a power of attorney in favour of the Spanish lawyer, to facilitate the sale of property in Spain.

This is a fairly serious issue, with serious consequences for an incorrect answer.

Therefore, it must be regarded as a request for legal advice. Legal cannot be sought or given here.

I note that you have already arranged to take professional legal advice and I hope that it all goes well for both of you.

However, this thread will have to be closed.