Powers of attorney

A power of attorney is the document by which you authorise another person to act on your behalf. Well drafted, it settles a sale, a procedure or a lawsuit without you having to be present; badly drafted, the notary or the registry rejects it and you have to start again, which if the power was granted abroad means weeks lost.

The three types really used

General power. It authorises the attorney to act in a wide range of matters: managing assets, collecting, contracting, representing before public bodies. It is convenient and for that very reason must be granted with care: whoever receives it can do a lot.

Special power. It is limited to one act or a closed set of acts: selling this property, buying this vehicle, handling this immigration file, accepting this inheritance. It is the sensible option in most cases and the one we recommend by default.

Power for litigation. It authorises a court representative and a lawyer to act in court proceedings. It has its own wording and is not replaced by a general power.

There is also the lasting (preventive) power, designed to remain effective if the grantor loses capacity, which is a different instrument with its own rules.

Granting it from abroad

Two paths, and the choice determines time and cost.

At the Spanish consulate. The consul exercises notarial functions, the power is born as a Spanish document and needs neither apostille nor translation. It is the clean route. Its limit is the consular diary, which in some countries runs months behind.

Before a local notary. Faster to obtain, but afterwards the document must be apostilled and a sworn translation ordered, and above all you must make sure the power meets the formal requirements of Spanish law for the specific act. A power to sell a property drafted with another country's formulas may not be enough for the Spanish notary or the land registry.

This is where a gestoría contributes what is not seen: drafting the text of the power, that is, the exact wording of the powers the foreign notary must include for the document to work in Spain. It is sent to the grantor, who takes it to the notary, and the power arrives right first time.

What we ask for it for

In the procedures we handle, a power or a specific authorisation allows us to act without your presence:

  • Filing and following immigration files and collecting notifications.
  • Signing the purchase of a home when you cannot travel: see buying property.
  • Vehicle procedures at the DGT.
  • Acceptance and division of inheritances.
  • Representation before the Tax Agency and Social Security for the self-employed and companies.

For many online procedures there is also a lighter alternative to the notarial power: the Electronic Register of Powers of Attorney, where the authorisation is registered with a digital certificate and without a notary. It does not work for everything, but when it does, it saves time and money.

Revoking and keeping watch

A power lasts until it is revoked, and revocation is done before a notary and must be notified to the attorney and, if the power was used before specific bodies, to them too. A forgotten general power still in force is a real risk, not a theoretical one.

When the power is granted for a specific purpose limited in time, it is wise to include a period of validity in the document itself. It is the simplest way for it to lapse on its own.

Shall we handle it for you?

Registered gestora administrativa, ICGA Valencia. Fixed quote before we start and a free first consultation.

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Frequently asked questions

General or special power?

Special in almost every case: it is limited to the specific act and reduces risk. A general power makes sense when assets really need to be managed on an ongoing basis.

Can I sign the power in my country?

Yes, in two ways: at the Spanish consulate, and then no apostille or translation is needed, or before a local notary, with apostille and sworn translation afterwards and with the wording adapted to Spanish law.

Can I do the procedures without a notarial power?

For many online procedures it is enough to register the authorisation in the Electronic Register of Powers of Attorney with a digital certificate, without going to a notary. For deeds and acts before a registry, a notarial power is essential.

How is a power cancelled?

By revoking it before a notary and notifying the revocation to the attorney and, where relevant, to the bodies where it has been used.

How long does a power from abroad take?

At a consulate it depends on the diary, which in some countries runs months behind. Before a local notary it takes days, but apostille and sworn translation must be added.