A notarial power of attorney (poder) allows another person (the attorney) to act on your behalf. It is very useful when you cannot attend a signing, live abroad or want someone you trust to manage your affairs. Only you need to attend to grant it: the attorney does not need to come to the notary’s office.
What you are signing
- Grantor and attorney: who grants the power and to whom.
- Powers: what the attorney may do on your behalf (sell, buy, collect payments, sign mortgages, deal with the Tax Agency…). This is the most important part: a power of attorney only covers what it says.
- Manner of acting: if there are several attorneys, whether each can act alone (severally) or they must act together (jointly).
- Self-dealing and conflicts of interest: whether the attorney may act even if they have a personal interest in the transaction (for example, buying the asset themselves).
- Duration: unless otherwise stated, the power is indefinite until revoked.
Transactions and documents
Identity documents for the grantor are listed below, in the common section.
General power of attorney
Authorises the attorney to carry out a wide range of acts of administration and disposal of your assets. Given its scope, it should only be granted to people you fully trust.
Documents
- Full name and ID or NIE of the attorney.
- The powers you wish to include.
Specific power of attorney
Limited to a particular act: selling a specific property, accepting an inheritance, signing a mortgage… This is the most common option when you cannot attend a signing.
Documents
- Details of the attorney.
- Details of the specific act (for example, a description of the property and the minimum sale price).
Power of attorney for litigation
Allows lawyers and court representatives (procuradores) to represent you before the courts.
Documents
- Names of the lawyers and procuradores and, if available, their bar numbers.
Lasting power of attorney
Remains valid even if the grantor later needs support due to loss of capacity. A highly recommended planning tool.
Documents
- Details of the attorneys.
- Instructions on how and when it should take effect and any safeguards you wish to include.
Revocation of a power of attorney
You can revoke a power of attorney at any time. The notary notifies the revocation and records it on the original power.
Documents
- Details of the power being revoked (notary, date and protocol number) or a copy.
Frequently asked questions
Can I grant a power of attorney abroad for use in Spain?
Yes, at a Spanish consulate or before a local notary. In the latter case, the document must bear the Hague apostille (or the relevant legalisation) and, if not in Spanish, be translated.
What if the attorney acts beyond the power granted?
Anything done beyond their authority does not bind you unless you ratify it.
Does the power of attorney end if I die?
Yes. The power ends on the death of the grantor.
Identity documents (common to all transactions)
Individuals
- Valid ID card, NIE or passport.
- Marital status and, if married, your matrimonial property regime (and any marital agreement deed).
- Foreign nationals need an NIE (foreigner identification number) for transactions with tax implications.
Companies
- Deed of incorporation and current articles of association, recorded at the Commercial Registry.
- The company’s tax ID (NIF).
- Deed appointing the director, or the representative’s registered power of attorney.
- Details for the beneficial ownership declaration.
If you act on behalf of someone else
- Authorised copy of the notarial power of attorney.
This information is for guidance only. Depending on the circumstances, the notary’s office may request additional documents.