Revoking a power of attorney: when and why
A power of attorney is an authorisation that allows another person to act on your behalf before third parties. But circumstances change: the trust relationship breaks down, the matter for which the power was granted has been resolved, or you simply want to regain direct control of your affairs.
The Civil Code regulates the termination of mandates (and by extension powers of attorney) in articles 1732 and 1733. Revocation is a right of the grantor that requires no justification. You do not need to explain why you are revoking: wanting to do so is enough.
Causes of termination of a power of attorney
Article 1732 of the Civil Code lists the causes for termination of a mandate:
- Revocation by the principal. This is the most common cause and the one we cover here.
- Resignation by the attorney-in-fact. The agent can resign from the power.
- Death of the principal or the attorney-in-fact.
- Subsequent incapacitation of either party.
- Insolvency of the principal or the attorney-in-fact.
There is one exception: irrevocable powers. A power can be agreed as irrevocable when granted in the interest of the agent or a third party (for example, a power for a creditor to sell an asset as security). But even irrevocable powers can be revoked for just cause.
Revocation process step by step
Step 1: visit a notary
You do not need to go to the same notary who granted the original power. Any notary in Spain can formalise the revocation. If the power was granted before a foreign notary, revocation before a Spanish notary is also valid, though it may need an apostille or legalisation to take effect in the country where it was granted.
Bring your valid ID card or NIE and, if you have it, a copy of the power you want to revoke. If you do not have a copy, the notary can locate it through the General Notarial Index or by requesting a certified copy from the notary who authorised it.
Step 2: execute the revocation deed
The notary drafts a revocation deed identifying the power being revoked (date, authorising notary, protocol number) and expressly declaring it revoked. If you have multiple powers and only want to revoke one, the specific power is identified.
You can also partially revoke a power, removing only some faculties while keeping others. This is common when the original power was very broad and you want to narrow it.
Step 3: notify the attorney-in-fact
The revocation takes legal effect from the moment the deed is executed. But for it to be enforceable against third parties, the attorney-in-fact must be notified. Article 1734 of the Civil Code states that actions taken by the agent unaware of the revocation are valid against third parties acting in good faith.
This means that if your agent signs a contract after the revocation but before learning of it, and the other party had no way of knowing about the revocation, the contract may be valid. This is why notification is so important.
The safest way to notify is by burofax with acknowledgement of receipt and certification of content. It costs around 25 euros and provides conclusive proof that the revocation was communicated. Notification can also be made through the notary, who sends a copy of the revocation deed to the agent.
Step 4: inform relevant third parties
If the power was used before specific entities (a bank, the Land Registry, a public authority), it is advisable to send them a communication with a copy of the revocation deed. This prevents the agent from continuing to operate with a copy of the original power.
Banks usually require the revocation deed to be presented in person at the branch. The Land Registry incorporates it into the file if there are pending transactions.
Cost of revocation
The notary fee for a power of attorney revocation deed is lower than the original grant. The usual cost ranges from 60 to 90 euros, including copies and VAT. It is a short document (1-2 pages) that the notary can prepare on the spot.
If you also need the notary to send the notification to the agent, there is an additional cost of about 20-30 euros. The burofax, if you send it yourself, costs around 25 euros per recipient.
Revocation of international powers
If you granted a power before a Spanish notary to act in another country, revocation before a Spanish notary is valid. But you will need:
- Hague Apostille if the destination country is a signatory to the Hague Convention (most European and Latin American countries are).
- Consular legalisation if the country is not a signatory.
- Sworn translation into the language of the country where the power was used.
If the power was granted before a foreign notary and you want to revoke it in Spain, you can do so before a Spanish notary. But the revocation only takes effect in Spain for acts performed here. For it to take effect in the country of origin, you will need to process it there as well.
Partial vs. total revocation
Revocation can be total (all faculties are annulled) or partial (some are removed while others are kept). Examples of partial revocation:
- A general power where the faculty to sell real estate is revoked but the management of bank accounts is maintained.
- A litigation power where representation before civil courts is revoked but representation before labour courts is maintained.
If you are unsure between partially revoking or revoking and granting a new, more limited power, the second option is usually cleaner. A new power with precise faculties avoids ambiguities about what was revoked and what was not.
What happens if the agent refuses
Revocation does not require the agent's consent. It is a unilateral act by the grantor. The agent cannot oppose it. If they continue acting after notification, they incur civil liability and can be reported for criminal offences such as usurpation of functions or fraud, depending on the case.
Our online revocation service
At Notaria Online we process power of attorney revocations by video conference. The process is quick: you send us the reference of the original power, the notary prepares the revocation deed and you sign it in a 15-20 minute session. We also handle notification to the agent if you need it.
If you need to grant a new power with different faculties, we can do it in the same session. See our powers of attorney service.