How does power of attorney work in Spain?

What is power of attorney?

A power of attorney is a public document authorised by a notary by which someone appoints another person to be their legal representative and act on his or her behalf in certain legal processes, depending on the type of power of attorney.

Power of attorney can be cancelled or revoked at any time.

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Who can grant a power of attorney in Spain?

According to Mapfre insurance: "Any person of legal age who is of sound mind can grant a power of attorney" in Spain.

To do so, all you need to do is go to a notary office, present your ID card and pay the cost. However, as Mapfre notes, keep in mind that there are situations in which it is not acceptable or allowed, for example, to write a will (except in exceptional cases).

Can I do it online?

In some specific cases, yes. A Spanish law signed it 2013 makes it possible to sign electronically:

• "Powers of attorney for procedural representation for actions before public administrations, as well as electoral powers and powers of attorney for specific acts.
• The revocation of powers of attorney, except for preventive powers of attorney".

Therefore, it will only be possible to sign power of attorney online for specific types (see below for more information the different types in Spain).

To do so, you must register in Spain's Notary Portal.

What are the types of power of attorney?

In Spain there are generally three main types of power of attorney available.

• General power of attorney (poder general)

This is the one in which the 'attorney-in-fact' is granted the powers to act in all or some areas (these must be specified in the power of attorney document) on a general legal basis.

This can include house sales and mortgages might be the option used for a son or daughter taking power of attorney for their elderly parent, for example.

• Power of attorney for lawsuits and litigation (poder para pleitos)

Power of attorney is granted to a lawyer or legal representative to act in a lawsuit on behalf of another person. In Spain, this is the most commonly used power of attorney.

• Power of attorney to manage assets (poder para administrar bienes)

The attorney-in-fact is granted the power to manage the assets of the principal, except for acts of disposition, such as the purchase and sale of real estate or mortgages.

• Special power of attorney (poder notarial especial)

When power of attorney is granted for a specific legal act, such as accepting and receiving an inheritance or making a bank transfer for a large purchase.

How much does a power of attorney cost in Spain?

There is no fixed or industry-wide price for power of attorney. This is usually determined by the type, the length of the power of attorney and the number of pages the document is.

However, according to Mapfre's estimates, a power of attorney for lawsuits and litigation can cost around €45-50 approximately, while a general power of attorney granted to a natural person can reach as much as €120-150.

Can I cancel it?

Yes, you can revoke power of attorney in Spain.

To do so, you must go to the notary's office and complete and sign the corresponding revocation deed (escritura de revocación).

The revocation may be total (all the powers conferred are withdrawn) or partial. If there are several attorneys-in-fact in the same power of attorney, it is possible to revoke the power of attorney of just one individual while not revoking rights for the others.

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