How to make a power of attorney legally in Spain

Powers of attorney are legally binding documents, which make it possible to act on behalf of a third party. Correctly determining how a power of attorney is made allows a trustworthy act to be granted, with which a company or legal person can authorize his or her representation.

What is a power of attorney

Before analyzing how to make a power of attorney, it is important to know what this document is and what it entails.

A power of attorney is a public deed that must be executed before a notary, and which allows a third party to authorise a third party in situations that require legal representation.

What a power of attorney really implies is the possibility of carrying out legal procedures, without the need to be present in person, through a person authorised on the basis of our will.

Of course, a power of attorney must always be confirmed by an authorised person who attests to the transfer of responsibility and confirms that the person who obtains the power of attorney has the appropriate qualities to legally represent the holder of the power of attorney or principal.

The attorney-in-fact, on the other hand, has a copy of the power of attorney which must be presented in the legal acts in which he or she must exercise acts of representation.

Types of powers of attorney in Spain

Due to their legal purpose, we can distinguish between different types of powers of attorney, as there are special powers of attorney for very specific situations, however, we can group all powers of attorney in Spain into 3 groups:

General powers of attorney: In this case a power of attorney is requested to represent in different legal matters, from representation in lawsuits to buying and selling or the administration of assets.

Special powers of attorney: This type of power of attorney usually has a specific duration, as it is granted for particular situations.

Preventive powers of attorney: This power of attorney is requested in advance, in the event of situations that could potentially lead to a disability for the holder of the power of attorney.

It is important to know that any power of attorney can be revoked. Regardless of the causes, the principal may consider that the term of the power of attorney has ended and therefore, the attorney-in-fact automatically ceases to exercise legal representation.

How to make a power of attorney in Spain

Making a power of attorney in Spain is a simple legal procedure, but it is essential to fulfil a series of requirements.

The power of attorney is executed in writing, to confirm its existence and the details of the parties involved.

This document is drawn up before a notary public and its content clearly states the situations for which a legal representation framework is established.

The power of attorney establishes a principal and a proxy. The principal can be either a natural person or a legal person, while the attorney-in-fact is, in most cases, a lawyer or a family member, acting on behalf of the principal.

Powers of attorney in Spain allow a great deal of freedom in determining their content. As discussed above, this document can grant general powers of attorney, or it can establish a specific act and a specific period of time during which the attorney-in-fact can legally act on behalf of the principal.

In the case of a special power of attorney, there is freedom in determining the content, but the notary must always confirm whether the connection set out in the power of attorney is legal.

In order to execute a power of attorney, all that is required is an identification document, be it a DNI, passport or NIF. There is also a fee that must be paid in addition to the notary’s fees.

Once the power of attorney has been signed, it comes into effect immediately and the attorney-in-fact can therefore carry out representation tasks, based on the conditions set out in the power of attorney.

The content of a power of attorney in Spain

In order to execute a power of attorney, it is only necessary for the principal and the attorney-in-fact to go to a notary’s office to obtain a document that sets out the conditions agreed by both parties. For the document to be binding, it must include the following information.

• First name
• Surname
• Address
• Personal identification number or other
• Place where the document is concluded
• Date of signature
• Name of notary public
• City in which he/she operates
• Object of the power of attorney
• Rights granted to another person
• Names of persons who acted as witnesses when the document was signed
• Signatures of the parties
• Seal of the notary

It is the notary’s responsibility to ensure that, beyond the purpose of the power of attorney, the document has the necessary legal information to be legally valid in any of the situations envisaged.

The possibility of making a power of attorney in foreign countries

Whether a foreign person needs a power of attorney for transactions in Spain, as if a Spanish resident requires legal representation in other countries, it is legal to request a power of attorney in which a representative is established to act as proxy.

Asesoría Orihuela Costa, the representation you need

At Asesoría Orihuela Costa we carry out legal representation for both individuals and companies. If you have any legal questions and want to have the advice of the best team, contact Asesoría Orihuela Costa and have the best legal coverage.