Delegating tasks to another person is a frequent necessity. Work, geographical distance or health problems prevent many people from attending signings or procedures in person. A notarial power of attorney allows an attorney-in-fact to act with full legal validity.
There are two main types: general power of attorney and special power of attorney. An incorrect choice generates documents that do not work or that grant more powers than desired. This guide explains the differences, the requirements, the limits and the common cases so that you go to the notary's office with clear ideas.
Differences between general power of attorney and special power of attorney
The general power of attorney grants broad powers. The attorney-in-fact can carry out administrative, banking and contractual acts on a regular basis. They can pay bills, renew supply contracts, represent before town halls and manage current accounts.
The special power of attorney is limited to one specific act or several very defined acts. The text describes the operation in detail: selling a specific apartment, accepting a certain inheritance or signing a specific mortgage. It is not valid for anything else.
The Civil Code regulates this matter in articles 1709 to 1739. These articles require that the mandate be interpreted in a restrictive manner when there is doubt about its scope. That is why notaries recommend always drafting with precision.
A general power of attorney normally takes up two sheets and lists between 12 and 20 powers. A special power of attorney usually fits on one page and mentions between two and five specific actions. The first saves visits to the notary when there are many procedures. The second reduces risks when there is only one operation.
The courts annul actions when the attorney-in-fact exceeds their authority. A poorly drafted general power of attorney can allow the sale of several properties when only one was intended to be sold. A well-made special power of attorney avoids these excesses.
Requirements to grant each type of power of attorney
The grantor must be of legal age and retain full capacity to act. It is enough to bring the original DNI. If you are a foreigner, a passport and NIE are required. The attorney-in-fact does not need to be present on the day of the signing.
Prepare the complete data of the attorney-in-fact: full name, DNI, date of birth and current address. If the power refers to a property, bring the simple note from the Property Registry. For tax procedures, indicate the specific model and the tax year.
The notary verifies the identity and explains the full content before signing. You can request modifications at that moment. Once signed, the power of attorney produces immediate effects.
The average cost of a special power of attorney is between 45 and 75 euros. A general power of attorney usually costs between 70 and 130 euros depending on the length of the text. These amounts include VAT and official notarial fees.
The complete process lasts between 15 and 30 minutes. The notary delivers the authorized copy instantly. That copy has official value before banks, registries and public administrations.
Since Law 11/2021 it is possible to carry out the entire procedure by videoconference. The notary verifies the identity in real time through a secure call and the client signs electronically.
Most common use cases
The general power of attorney is used when there are multiple procedures during a long period. A worker who moves to Frankfurt for two years grants a general power of attorney to his father who lives in Madrid. The father can renew the car insurance, pay the annual IBI and modify the conditions of the bank account.
Elderly people use it frequently. A 79-year-old neighbor in Bilbao grants a general power of attorney to her son so that he manages the procedures with Social Security, the bank and the homeowners' association. The power avoids her having to travel every month.
In the business field, a director appoints a trusted employee with a general power of attorney. This person can file quarterly VAT declarations and sign office rental contracts.
The special power of attorney is the usual option in real estate transactions. A buyer who resides in Palma de Mallorca wants to acquire a premises in Barcelona. He grants a special power of attorney to his sister so that she attends the signing before the notary and pays the pending price.
Another common use appears in inheritances. An heir who lives in Brussels grants a special power of attorney to accept the inheritance, settle the Inheritance Tax within the six months established by the regulations and sell the inherited apartment.
It is also used for specific banking procedures. A hospitalized client grants a special power of attorney to his partner only to sign the novation of the mortgage on the specific date set by the bank.
Limits, important clauses and how to avoid excesses
The general power of attorney has clear legal limits. The attorney-in-fact cannot grant a will, make donations or perform acts that the law reserves for the personal intervention of the interested party. Nor can they self-contract unless the power expressly authorizes it.
Always include limitation clauses. You can establish an economic limit of 15,000 euros per operation. Or you can indicate that it only serves for procedures in the Community of Madrid. These restrictions avoid abuses.
In special powers for sale, require that the complete cadastral reference, the exact address, the registry property number and the minimum acceptable price be included. Without these data the Property Registry may reject the deed.
Expressly add the power to collect and receive amounts. Without this mention the attorney-in-fact cannot receive the money from a sale or deposit it in your account. Ask the notary about the substitution clause if you want the attorney-in-fact to be able to appoint another person.
Review the complete draft that the notary sends you by email before signing. Read each paragraph. Ask the exact meaning of the phrases you do not understand. Remember that once signed it can only be modified by means of a new deed.
Avoid powers drafted in terms that are too open such as "for all my affairs". These documents generate subsequent problems and facilitate challenges before the courts.
How to revoke a granted power of attorney
The revocation is carried out by means of a specific notarial deed. You go to any notary, indicate the protocol number and the date of the previous power and declare that you are leaving it without effect. The average cost of this deed is 40 euros.
It is advisable to notify the revocation to the attorney-in-fact by burofax with acknowledgment of receipt. This way there is irrefutable proof of the communication. If the power was registered in the Commercial Registry or in the Electronic Registry of Powers of the notaries, you must also cancel that registration.
The law establishes that the revocation produces effects against third parties from the moment they have effective knowledge of it. That is why it is advisable to act quickly. In the majority of cases the revocation takes effect in less than 10 days.
There are powers granted with an irrevocability clause. These are uncommon and usually correspond to a legitimate interest of the attorney-in-fact, such as when they are linked to a loan contract. In the rest of the situations the power is freely revocable.
A practical example
Laura lives in Gijón and works as a teacher. Her father passed away in June leaving an apartment in Oviedo and two bank accounts. Laura cannot be absent from school during the school year and needs to resolve the inheritance before the six-month period to settle the Inheritance Tax expires.
She goes to a notary in Gijón and explains the case. The notary drafts a special power of attorney in favor of her brother Miguel, who lives in Oviedo. The document contains four exact powers: to accept the inheritance purely and simply, to file the settlement of the Inheritance Tax for an approximate amount of 9,000 euros, to sell the apartment for a price not lower than 135,000 euros and to receive the amount of the sale in a specific account whose IBAN is indicated.
Miguel receives the authorized copy and goes to the Property Registry in Oviedo. He accepts the inheritance, pays the tax in 4 months and sells the apartment in 47 days for 142,000 euros. He transfers the net amount to Laura. The entire process is completed without Laura having to travel and without risk of nullity because each power was described with precision.
If Laura had chosen a general power of attorney, Miguel could have made different decisions such as renouncing the inheritance if hidden debts appeared. The special power of attorney limited the actions exactly to what Laura wanted.
This case shows how a well-drafted document solves real problems of time and distance. Laura resolved the complete inheritance in less than five months without interrupting her work.
These procedures can be done online by means of videoconference with the notary.