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What types of notarial powers of attorney are there?

Notarial powers are classified according to their scope:

  • General power: authorizes the attorney-in-fact to act in any matter on behalf of the principal (patrimonial, personal, judicial, etc.).
  • Special power: limited to a specific act: selling a specific property, signing a specific contract, representing in a specific lawsuit.
  • Power for lawsuits: to act in judicial and arbitral proceedings.
  • Banking power: to operate accounts, contract financial products, etc.
  • Preventive power: for the case of future incapacity of the principal (widely used in dependency planning).
  • Irrevocable power: in specific cases, it cannot be revoked unilaterally.

The choice of the appropriate type depends on what the power is needed for. Our team advises on the most suitable modality in each case.

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More questions about Poderes notariales

No, it is sufficient for the principal or principals who grant the power to attend the signing.
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Yes, in many cases, more than one agent is designated in a notarial power of attorney. You can specify whether the agents must act jointly or if they have the authority to act independently. It is important to clearly describe the instructions and the limits of the powers of each agent in the document.
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The validity of a notarial power of attorney is limited either by a specific date on which it ceases to be valid, by its revocation, because the grantor loses their mental faculties and becomes incapacitated to grant the revocation of the power, or by the death of the grantor.
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To revoke a power of attorney, you must execute a deed of revocation of the power, which is essentially the cancellation of the mandate that you had granted in the original power and notify such revocation to the affected attorneys-in-fact. A good tip is to grant the power that you need to be carried out but not grant the attorney the authority to obtain copies of the power themselves. In this way, once the attorney performs the mandate entrusted to them, it will suffice to retrieve the copy of the power from them, leaving the attorney without said power, thereby avoiding the need to execute a deed of revocation in the future.
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A general power of attorney grants broad powers to the attorney-in-fact to act on behalf of the principal in a variety of legal matters. However, a specific power of attorney (also known as a special power of attorney) limits the powers of the attorney-in-fact to act only in specific situations and matters, which are mentioned in the power.  
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A power of attorney may be necessary when you cannot be present in person to carry out any act. By granting a power of attorney, you can designate a trusted person to act on your behalf, which is especially useful in situations where you are absent or incapacitated.
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