Many people need someone else to deal with banks, land registries or estate agents on their behalf. A notarial power of attorney is the legal document that lets another person act in your name without you having to travel. Choosing between a general and a specific power of attorney is often the difference between a smooth process and problems later on.
This article explains the key differences, when each one fits and how to grant and revoke it. By the end you should know exactly which type of power you need for your situation before you go to the notary.
Differences between a general and a specific power of attorney
A general power of attorney gives the attorney broad powers. It covers a wide range of administrative and management acts. The attorney can operate bank accounts, sign service contracts, represent you before the Agencia Tributaria (Spanish Tax Agency) or handle Social Security matters.
A specific power of attorney covers one particular transaction. The document describes the authorised act, the person, the asset involved and the conditions precisely. It cannot be used for anything else.
There is an important difference in scope. The Código Civil (Spanish Civil Code) deals with this in articles 1712 and 1713. A general power usually covers ordinary acts of administration. Acts of disposal, such as selling a property, have to be stated expressly.
Duration is another difference. A general power stays in force until it is expressly revoked or the grantor dies. A specific power ends once the act it was granted for has been carried out, or when the stated term expires.
Notaries stress that the power should match the need. A document that is too broad creates unnecessary responsibility for the attorney and risk for the grantor. A general power covers routine banking, tax payments and representation before registries. A specific power is used up once a deed is signed or a particular inheritance is collected.
When a general power of attorney makes sense
A general power is practical when you spend long periods abroad. It also suits older people who want a relative to handle all their day-to-day affairs without going back to the notary every month.
Picture a manager who spends six months a year in Germany for work. He grants a general power of attorney to his partner so she can pay the utility bills, file the quarterly VAT returns if he runs a business and deal with the bank. One document covers all of this for a whole year.
It is also common in business. The partners of a limited company grant general powers to the manager so he can hire, dismiss, buy supplies and open credit lines. The document is registered at the Registro Mercantil (Companies Register) so it is fully effective against third parties. This kind of power avoids delays when something unexpected comes up.
A general power saves you going back to the notary every time a new task appears. That convenience comes at a price, though: you have to trust the attorney completely. Banks accept these powers for routine operations but ask for an up-to-date authorised copy.
Recommended uses of a specific power of attorney
Most property sales are completed with specific powers. A seller who cannot attend the signing authorises someone else to sign the deed, hand over the keys and receive the sale price. The document identifies the property by its cadastral reference and states the agreed price.
Banks require specific powers when a client wants someone else to apply for a mortgage in their name. The document must state the approximate loan amount, the term and the property being mortgaged. That level of detail stops the bank from rejecting the transaction.
It is also common with inheritances. An heir who lives in another region grants a specific power to another heir so they can accept the inheritance, pay the inheritance tax within the six-month deadline and carry out the division of the estate. The power is used up once the property is registered at the Registro de la Propiedad (Land Registry).
Estate agents and land registries are more comfortable with specific powers because they leave less room for doubt. The notary who authorises the transaction checks that the power covers exactly the act being carried out. A specific power to collect compensation from an insurer authorises that payment and nothing else.
Risks of choosing the wrong type of power
Granting a general power instead of a specific one can have serious consequences. The attorney could sell several properties when you only meant to authorise the sale of one. Regaining control afterwards means long and expensive court proceedings.
The opposite also causes problems. If the specific power does not mention every act needed, the bank sends the paperwork back. The client loses time and has to grant a second power with the missing details. This happens often with Companies Register procedures.
Land registries refuse to register a transaction if the power is not specific enough. A power that simply says "to sell my flat" without giving the address or cadastral reference is usually not enough. The notary cannot authorise the deed.
There is also the risk of expiry. Some specific powers include a 90-day validity period. If the transaction is not completed in that time, the power has to be granted again and paid for again. Choosing the wrong type of power leads to extra costs of between 50 and 120 euros for each new document.
What you need to grant a power of attorney before a notary
Prepare the paperwork in advance. You need your valid DNI (Spanish ID card) or passport. Bring the attorney's full details too: full name, ID number, date of birth and address. If the attorney is a company, provide its tax number (NIF) and registration details.
Be clear about which powers you want to grant. Write down the specific acts, the assets involved and any limit on amount or time. The notary uses this to draft the power in precise language.
The appointment takes between 20 and 40 minutes. The notary explains the scope of the document and checks that you understand the consequences. Once it is signed, authorised copies are issued. Each extra copy costs around 10 euros.
What the notary charges (the regulated fee, or arancel) depends on the length of the power. A simple specific power costs around 45 euros. A general power with many powers can reach 80 euros. These are the notary's fees and include VAT and the basic copies; our own fees are separate. No medical certificate is needed unless there is doubt about the grantor's capacity.
How to revoke a power of attorney properly
A power can be revoked before any notary. You sign a document stating that you wish to cancel the earlier power. It is best to give the protocol number and date of the power being revoked to avoid confusion.
Under the Civil Code, the revocation has to be notified to the attorney to take full effect. The safest way is a burofax (certified fax with proof of delivery). Keep proof of that notice for at least five years.
If the power was registered anywhere, register the revocation too. This stops third parties from relying on a power that is no longer valid. The whole revocation usually takes about 15 working days.
The grantor's death automatically revokes any power of attorney. A court ruling on incapacity also ends the mandate. If the attorney used the power before learning of the revocation, those acts may remain valid against third parties acting in good faith.
A worked example
Carlos, a 47-year-old engineer living in Valencia, received an offer for his parking space in Madrid. The buyer wanted to complete within three weeks. Carlos could not travel because he was in the middle of a key project at work that needed him in the office every day.
He decided to grant a specific power of attorney to his friend Antonio, who lived in the capital. The document gave the exact address of the parking space, its Land Registry number, the agreed sale price of 28,000 euros and the express power to sign the deed before a notary and receive the money into a specific account of Carlos at Banco Santander.
Antonio went to the notary's office in Madrid with the power, Carlos's ID and all the paperwork. He signed the sale without any problem. Carlos received the transfer into his bank account in Valencia the same day. The whole process was completed without Carlos leaving his city.
Had Carlos granted a general power, Antonio could have carried out other operations on Carlos's assets, such as checking balances or signing contracts. The specific power removed that risk and fitted the need exactly. The notary took 25 minutes to draft the document after Carlos explained what he needed.
These procedures can be carried out by video call. The notary verifies the client's identity and authorises the document remotely.