Many people need to delegate procedures. A notarial power of attorney allows another person to act on their behalf. This document is signed before a notary and has official value.
The general power of attorney and the special power of attorney are not the same. One offers breadth. The other limits the actions to a specific matter. Choosing incorrectly generates risks and extra costs.
What is a notarial power of attorney
A notarial power of attorney is a public deed. The grantor indicates who will represent them and for what. The notary verifies the identity with DNI, NIE or passport and confirms that the person understands the text.
The document is protocolized. The original remains archived at the notary's office. Authorized copies are delivered that serve for procedures in banks, property registries or public administrations.
The Civil Code regulates this figure in articles 1709 to 1739. The power ends with the death of the grantor. It also loses effect if it is revoked or if the indicated period expires.
Foreigners who do not live in Spain frequently use these powers. The same occurs with people who process inheritances or sign sales without being able to travel. The procedure requires describing the case in detail so that the notary prepares the correct draft.
Differences between general power of attorney and special power of attorney
The general power of attorney grants broad powers. The attorney-in-fact can buy and sell assets, open accounts, pay taxes or represent the holder before any administration. The text uses expressions such as "all acts of administration and disposition".
The special power of attorney is limited to specific actions. The document must detail exactly what is authorized. It does not serve for anything else. For example, it only allows signing a deed of sale of a specific apartment.
The difference lies in the scope. The general one is flexible but less secure. The special one offers total control over what the attorney-in-fact does. The first one usually occupies one page. The second can have several because it details each action.
The average cost of a general power of attorney is around 90 euros. A special power of attorney costs about 70 euros. These amounts vary according to the complexity of the text and the number of authorized copies.
Areas of application according to the case
The general power of attorney is useful when broad coverage is needed. A foreigner who owns several properties in Spain can grant it to a manager to handle IRNR declarations, IBI payments and banking procedures for years.
In inheritances the special power of attorney is recommended. The heir who resides in another country authorizes only the acceptance of the inheritance of a person deceased on a specific date and the processing of specific assets. The text must include the name of the deceased, date of death and list of assets.
For sales the special power of attorney is the usual option. The seller who cannot attend the signing authorizes only the deed of a property with a specific cadastral reference and agreed price. It does not allow selling other properties.
Companies also use these powers. An administrator can give a general power of attorney to an employee for routine contracts. On the other hand, for the sale of a premises a special power of attorney is used that mentions the address and the property registry.
The deadlines matter. Inheritance tax is settled in 6 months from the death. The power must be in force during that period. In sales, the signing must take place before the private contract expires.
Risks of granting an inadequate power
Granting a general power of attorney when only a special one is needed creates exposure. The attorney-in-fact gains the capacity to act in unforeseen matters. They can sell assets, request loans or close accounts without consultation.
An entrepreneur in Barcelona granted a general power of attorney to a family member to collect rents from a premises. The family member used the power to sell the premises without permission. The process to annul the sale lasted 18 months and generated expenses of 4200 euros between lawyers and fees.
In inheritances the risk is similar. A general power of attorney allows accepting the inheritance but also renouncing it or disposing of money from unrelated accounts. The special power of attorney avoids these unwanted actions.
Another risk appears with third parties. Some registries require a special power of attorney to register certain operations. A general power of attorney may be rejected and force granting a new one, with the consequent delay of 15 to 30 days.
Foreigners run additional risks. If the attorney-in-fact abuses the general power of attorney, revocation from abroad complicates the process. The notification must reach the attorney-in-fact for the revocation to take effect against third parties.
How to draft the correct clauses and revoke it
The drafting determines the real scope of the power. In a special power of attorney the act must be identified with precision. Data such as full name of the parties, ID, exact address of the property, cadastral reference and economic limits if applicable are included.
Recommended clauses in special powers include the duration. It can be limited to 6 months or until the completion of the specific procedure. Another useful clause indicates if the attorney-in-fact can substitute another person. Without this mention they cannot delegate.
In general powers of attorney it is recommended to add exclusions if you want to limit something specific. For example, the power to donate assets or to dispose of the habitual residence can be excluded.
Revocation is done by means of a deed before a notary. The text indicates the date and protocol of the previous power. The cost ranges between 50 and 80 euros. The notary can send a copy to the attorney-in-fact.
The revocation takes effect when the attorney-in-fact becomes aware of it. That is why it is recommended to send a burofax or reliable notification. If the power was registered, the revocation must also be registered. The complete process is usually completed in 5 business days.
Practical example
Ana lives in London. Her father died in Valencia and left her an apartment and a bank account. Ana could not travel due to her job. She contacted a notary and explained her situation.
A special power of attorney was chosen. The document authorized her brother residing in Valencia to accept the inheritance, settle the Inheritance Tax in the following 6 months and sell the apartment on Colón street number 12 for a minimum of 165000 euros. The text excluded any other authority over accounts or assets.
The draft was prepared in 48 hours. Ana signed via videoconference. She presented a copy of her passport and answered the notary's questions to verify her will. The document was protocolized the next day.
Her brother received the authorized copy by messenger. In 38 days he accepted the inheritance, paid the corresponding taxes and signed the sale. Ana received the money in her British account without traveling. The total cost of the power was 75 euros.
If Ana had granted a general power of attorney, her brother would have been able to operate on other accounts that she maintains in Spain. That breadth was not necessary and generated unnecessary risk.
These procedures can be carried out telematically. The client describes the case and the notary prepares the document.