There are situations in life where it is necessary to grant an authorization to be represented in certain legal or material acts. This document is known as a notarial power of attorney. In this article, we tell you all the details about what a notarial power of attorney is, who can grant it, its international recognition, and the different types of powers that exist.
Who Can Grant a Power of Attorney?
Any person over the age of majority and in full mental capacity can grant a notarial power of attorney. To do so, it is only necessary to go to one of the notaries in Spain, present the ID card, and complete the process. It is noteworthy that the notarial power of attorney can be revoked or annulled at any time. However, there are situations where representation is not admissible, such as in the case of making a will (except for specific exceptions).
International Recognition of Spanish Notarial Powers of Attorney
Spanish notarial powers of attorney have international recognition, provided they are accompanied by an apostille. The apostille is a notation that is stamped on a public document issued in one of the countries signatory to the Hague Convention. This certification guarantees the authenticity of the document, allowing the notarial power of attorney to be recognized and valid in other countries.
Types of Notarial Powers of Attorney
There are as many types of powers of attorney as legal acts that admit the figure of representation. However, notarial powers of attorney can be classified into two main groups: general and special.
General Notarial Power of Attorney
A general notarial power of attorney grants the attorney-in-fact powers to act in all or some areas specified in the document. The most common ones are:
General Power: Grants the attorney-in-fact broad powers, including the sale of real estate and its mortgages.
Power for Litigation: Allows a solicitor or lawyer to represent a person in a lawsuit. This is one of the most used powers in Spain.
Power to Administer Assets: Authorizes the attorney-in-fact to manage the represented person's assets, excluding dispositive acts such as the sale of real estate or the mortgage.
Special Notarial Power of Attorney
A special notarial power of attorney grants powers to the attorney-in-fact for a specific legal act, such as accepting an inheritance, contracting marriage, carrying out a sale and purchase, making a transfer, among others.
What is a Preventive Power of Attorney?
The preventive power of attorney is a legal formula that ensures a person can fulfill their will in the event that, in the future, due to illness or incapacity, they cannot do so. This type of power can be general or special and allows designating a person to act on behalf of the grantor when they lack the capacity to express their will. The preventive power of attorney is processed in the same way as any other notarial power of attorney and can become effective at the time of signing or when the grantor's incapacity occurs.
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Hiring our online inheritance service in Spain guarantees fast and effective processing. We understand that managing an inheritance can be a stressful and lengthy process, so we commit to completing the entire process in just 48 hours. This includes obtaining necessary certificates, the declaration of heirs, the investigation of assets, and the final allocation of the inheritance.
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What are the taxes involved in processing an inheritance?
The taxes involved in the inheritance process are the inheritance and gift tax, and the tax on the increase in value of urban land (Capital Gains Tax).
How long does it take to complete the inheritance process?
The duration of the inheritance process can vary depending on several factors, but in general, it can take between 2 and 4 months.
Do I need a lawyer or legal advisor to start the inheritance process?
It is not mandatory, but it is highly recommended. A specialized lawyer can provide advice on legal requirements and ensure the process is carried out correctly.
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