A client called us a few days ago: he has an apartment in Madrid, has been in Dublin for three years, and wants his mother to sell it. The question was whether he could grant power of attorney to his mother without having to return to Spain. He can, and the process is entirely telematic from start to finish.
Who signs the power of attorney and how
In a notarial power of attorney, the person who signs before the notary is the grantor, that is, the person granting the authorization. In this case, the son. The mother, who is the attorney-in-fact, does not have to sign anything or appear at any notary office. She simply receives the document and uses it.
This has a direct implication: the son, even though he is in Dublin, needs to appear before a Spanish notary. The method is electronic signing via video call: the son connects from Ireland and signs before the designated notary without leaving home. There is no need to go to the consulate.
What the mother can do with the power of attorney
Once the son signs the power of attorney, the mother can act on his behalf to:
- Sign the deed of sale before a Spanish notary
- Submit documentation to the Property Registry
- Manage the tax procedures for the sale: non-resident income tax if applicable, municipal capital gain
- Represent the son before any Spanish public or private institution for the acts included in the power of attorney
The power of attorney can be limited to the sale of that specific apartment, including the cadastral reference, or drafted with a broader scope if there are other pending procedures.
Is apostille necessary?
If the mother is going to use the power of attorney exclusively in Spain — signing deeds before a Spanish notary, managing the Property Registry — no apostille is needed. The power of attorney has full validity in Spanish territory.
If at any point the son needs to present that power of attorney before an Irish institution, then it would require apostille. The Hague Apostille certifies the authenticity of the document before foreign authorities and is processed through the Spanish Ministry of Justice. It usually takes between 5 and 10 business days.
Step-by-step process
Day 1. The son contacts Notaría Online and describes what he needs: what acts he wants to authorize, details of the apartment in Madrid, details of the mother.
Days 1-2. The team drafts the power of attorney. The son reviews it and gives approval.
Days 2-3. The son signs via video call from Dublin before the designated notary. The notary protocolizes the deed.
Days 3-5. The authorized copy is delivered to the mother. If apostille is needed, that process is initiated in parallel.
In total, between five and seven business days from the first contact until the mother has the document in hand.
Required documentation
- Valid ID or passport of the son
- ID of the mother
- Cadastral reference or property deed of the apartment in Madrid
No physical documents need to be sent. All exchange is digital until the electronic signing.
How much it costs
A special power of attorney for the sale of real estate processed with Notaría Online costs from 195 € + VAT, including notarial fees. If apostille is added, the additional cost is approximately 30-50 € depending on the type of document.
The exact quote is provided in the initial consultation, once the object of the power of attorney and the details of both parties are described.