A power of attorney is an official document executed by individuals and legal entities in notarial form for the purpose of delegating authority to represent personal interests to other individuals (in most cases) and legal entities.

A power of attorney in Spain may be needed for different purposes: purchase or real estate sales, conducting legal cases, making any transactions, going through administrative procedures, banking transactions, etc. A power of attorney can be issued both for use within the country and abroad. Below we will look at both options.

A notarized power of attorney in Spain is unilateral in nature: the principal has the right to issue it to the authorized person without obtaining any prior consent and without subsequent acceptance in the amount and form that he deems necessary and sufficient.

The presence of an authorized person at the signing of a notarized power of attorney is also optional. But if desired, of course, the authorized representative can come to the signing – this is his right, but not his obligation.

In any case, if the principal does not speak Spanish, the participation of a translator will be required, whose data will also be reflected in the executed power of attorney.

Types of power of attorney in Spain

• General (poder general) – contains a wide range of powers, including property transactions, purchase and sale, mortgage, etc.
• Judicial (poder para pleitos) – is issued to lawyers and prosecutors and contains maximum powers related to the representation and protection of interests in court and out of court.
• Power of attorney for property management (poder para administrar bienes) – like the first power of attorney, it contains a wide range of powers, but with an emphasis on managing assets without the right to sell them, pledge them, etc.
• Special power of attorney (poder especial) – a power of attorney to perform a certain legal action, for example: managing an inheritance case or filing a divorce, performing some one-time transaction, etc.
• Preventive power of attorney (poder preventivo) – can be either general or special, and is designed for the fact that the authorized person will fulfill the powers specified in the power of attorney when the principal loses the opportunity to express his will. Such a power of attorney is issued in the usual manner, but comes into force at the moment of the occurrence of strictly specified circumstances: loss of legal capacity, critical health condition (coma), etc.
• Power of attorney for the appointment of a guardian (autocuratela) – requires a preliminary court decision and can only be issued to a person who does not have selfish goals.

Any of the listed powers of attorney can be revoked by the principal at any time by executing a separate act.

The principal, turning to the notary, must explain why and why he decided to issue a power of attorney, as well as provide all the information required for this.

A power of attorney is drawn up in writing, and its text must clearly and clearly reflect the intentions of the principal and the list of powers that he delegates. There are no strict restrictions on the content of powers of attorney, but the direct responsibility of notaries is to maintain the legality and legitimacy of the interests and powers of the participants in the power of attorney.

Unless otherwise indicated in the text, the power of attorney comes into force at the moment of its signing. Again, unless otherwise indicated in the text, a notarized power of attorney in Spain is permanent.

How to issue a power of attorney in Spain for Spain

In this case, the principal should not have any difficulties. To issue a power of attorney in Spain, you must contact any Spanish notary, not necessarily at your place of residence, with an identification document. You will also need to provide the notary with a number of additional information.

In order for a power of attorney in Spain to be valid, it must contain the following information:

• First name, last name, residential address, identity document with the number and validity period of both the principal and the authorized person (and, if necessary, the translator). Almost always, the block of personal information includes information about marital status, marital property ownership, profession, etc.
• Registration number of the power of attorney in the register.
• Date and place of signing of the power of attorney.
• The name of the notary and the capacity in which he acts (actually, a notary, or an acting notary).
• Purpose of issuing a power of attorney.
• Delegated rights and powers.
• Names, surnames and personal information of witnesses (if necessary).
• Signatures of the parties, the notary and notary seals and stamps.

A power of attorney issued in this way can be used from the moment of signing throughout Spain without any restrictions. Neither the principal nor the fiduciary is required to undergo any additional administrative procedures.

How to issue a power of attorney in Spain for another country

The procedure for registering the power of attorney itself in this case is not much different from that described above. However, you should approach the preparation of the text of the document with particular seriousness. The forms and wording used by Spanish notaries are typical and familiar to this country. But it may happen that another state will require a special text of the power of attorney, including certain names of public and private organizations, procedures, and terms.

How to prepare the text of a power of attorney for subsequent use outside Spain:

At the place where the power of attorney is used, a sample text is obtained. For example, if you need a power of attorney to sell an apartment in Russia, you should find a corresponding example of a Russian notarized power of attorney.

1. The resulting sample is translated into Spanish. A simple translation, not a sworn one, is sufficient.
2. The Spanish notary is provided with the required translated text, which is completely included in the power of attorney without any adjustments on his part. Additionally, the power of attorney includes mandatory blocks in accordance with the requirements of Spanish law – about consent to the processing of personal data, about mandatory warnings made by the notary and clauses about the legal consequences of issuing a power of attorney, etc.
3. Some Spanish notaries accept texts formatted in two columns – in the original language and in Spanish. This point should be discussed with the notary in advance. With this design, reverse translation of the power of attorney from Spanish will be much easier, and in some cases it will not be required at all.
4. The completed power of attorney will need to be affixed with an Apostille. The apostille authority is the regional Notary College. Many notary offices provide such a service, i.e. take care of all the hassle of sending the power of attorney for an Apostille and receiving the finished certified document.
5. In the country where the power of attorney will be used, it will need to be officially translated (unless it was originally issued in two languages): either through a sworn translator, or through an official translator followed by notarization.

How to issue a power of attorney at the consulate

Consulates of all countries provide services for issuing powers of attorney. This method is convenient in that the registration takes place immediately in the native language: no additional translations of texts are required, and, in addition, an Apostille is not affixed to the consular power of attorney, which significantly simplifies, speeds up and reduces the cost of the entire procedure.

Consulates do not edit texts, so the applicant must apply with a ready-made version.

The main problem is that it can be difficult to make an appointment at the consulate; the queue for an appointment can last for weeks or even months. Therefore, if time is running out, it is easier to issue a power of attorney from a Spanish notary.