A Power of Attorney, known in Spanish as an “Escritura de Poder Notarial,” is a legal document or written authorization that must be signed before a Notary Public in order to be fully valid in Spain. This document allows you to appoint a trusted person (such as a family member or your lawyer) to act on your behalf in legal matters or transactions.
With a Power of Attorney, your lawyer or chosen representative can:
- Buy and/or sell property
- Handle inheritance matters
- Obtain your NIE
- Manage taxes and bank accounts
- Take legal action in Spain
- Open a bank account
- Obtain other necessary documents
A Power of Attorney is a practical way to allow your lawyer in Spain to carry out tasks and sign documents on your behalf, avoiding the inconvenience of attending in person to sign or authorize every step.
It is especially useful if you cannot—or prefer not to—travel to Spain.
Where Can You Sign a Power of Attorney?
1. In Spain
If you are able to travel to Spain, you can grant a Power of Attorney before a Spanish Notary Public.
The document will be written in Spanish, so if you are not fluent, you will need someone to translate or explain it to you.
Signing the Power of Attorney in Spain is usually the fastest and most cost‑effective option.
If the Power of Attorney is for litigation, you can even grant it directly at court (“apud acta”).
We will prepare the draft Power of Attorney with the Notary and accompany you during the appointment.
2. In Your Home Country
If you cannot travel to Spain, you can sign a Power of Attorney in your home country before a Notary Public.
We will prepare a bilingual version, enabling the notary to identify the parties, witness your signature, and certify it.
This saves money, as a sworn translation will not be necessary.
If the Power of Attorney is signed in Spain, it does not require legalization.
If it is signed outside Spain, it must be legalized:
- In countries that are part of the Hague Convention, this is done via the Apostille of The Hague.
You can also grant a Power of Attorney at the Spanish Embassy or Consulates.
Once legalized, the document can be used for its intended purpose in Spain.
The original Power of Attorney will be sent to the lawyer or representative you have designated.
We can assist you with every step of obtaining a Power of Attorney.
What Are the Lawyer’s Obligations?
Some Powers of Attorney include substitution clauses, allowing the lawyer to appoint another lawyer to act on the client’s behalf. The substitute will be bound by the same powers and obligations.
The lawyer must strictly follow the grantor’s instructions and cannot act beyond the authority granted in the Power of Attorney.
Regarding liability, the lawyer is responsible for any harm caused to the grantor as a result of:
- negligence, or
- misuse of the powers granted
How Can a Power of Attorney Be Revoked?
Powers of Attorney do not have an expiration date unless specified by the client.
However, the grantor may revoke the Power of Attorney at any time by signing a Deed of Revocation before a Notary Public.
From the moment you inform your lawyer that you no longer want the Power of Attorney to be used, they must cease using it.
A Power of Attorney is also revoked automatically by:
- The death or loss of mental capacity of the grantor
- The death or loss of mental capacity of the lawyer/representative
You can also grant a Power of Attorney for a limited period (e.g., 3 months) or for specific actions, such as purchasing a property or even for a single precise transaction.
Durable Power of Attorney
A Durable Power of Attorney, known in Spanish as “Poder Notarial Preventivo”, is a legal document that grants someone the authority to make decisions on your behalf even if you become incapacitated.
It can be used to manage financial, legal, or healthcare matters.
