What is a power of attorney
A power of attorney is a public document by which one person (the principal) authorises another (the attorney) to act on their behalf for one or more legal acts. The principal signs it before a notary. The attorney does not need to be present at the granting.
Powers of attorney are governed by articles 1709 to 1739 of the Civil Code (agency contract) and by notarial regulations (Notarial Regulations of 1944). It differs from a private authorisation: a power of attorney carries notarial attestation and is enforceable against third parties.
Types of powers of attorney
General power of attorney. Authorises the attorney to carry out any legal act on behalf of the principal: buy, sell, mortgage, collect, pay, litigate, deal with public administrations. It is the broadest type. Used when you need someone to manage all your affairs, for example if you move abroad.
Caution: a general power grants very broad powers. Only grant it to someone you fully trust. You can revoke it at any time before a notary.
Special power of attorney. Authorises the attorney for a specific act: sell a particular property, accept a specific inheritance, incorporate a company. Once the act is carried out, the power lapses.
It is the most common type. If you need to sell a flat from abroad, you grant a special power identifying the property, minimum price, sale conditions and tax powers.
Preventive power of attorney. Designed for a future incapacity situation. You grant it while you have full capacity, and it only takes effect if you lose capacity (dementia, stroke, coma). Regulated by Law 8/2021 of 2 June, reforming civil and procedural legislation to support persons with disabilities.
The preventive power can designate who will manage your assets and your person if you cannot do so. It is an alternative to court-appointed guardianship, faster and less expensive.
Power of attorney for litigation. Authorises a court representative (procurador) to represent you in legal proceedings. It is mandatory in most court proceedings (article 23 of the Civil Procedure Act). It can be granted before a notary or apud acta (before a court clerk).
International power of attorney. A notarial power to be used outside Spain, or a power granted abroad for use in Spain. In both cases it needs an apostille if the destination country is a party to the Hague Convention (most are). If not, it needs consular legalisation.
A power granted in Spain before a Spanish notary, apostilled, is valid in any Hague Convention country. There is no need to visit a consulate.
How much does a power of attorney cost
The notary fee for powers of attorney is set out in Royal Decree 1426/1989. Powers are documents without a financial value, so fixed rates apply:
- General power: between €50 and €80 in fees, depending on length. With VAT (21%) and copies, between €70 and €110.
- Special power: between €40 and €60 in fees. With VAT and copies, between €55 and €85.
- Preventive power: between €50 and €70 in fees. With VAT and copies, between €70 and €100.
- Litigation power: between €30 and €50 in fees. With VAT and copies, between €45 and €70.
Add the apostille if the power will be used abroad. The Hague apostille costs €4.54 per document at the Notarial College.
At Notaría Online the power of attorney management service is €195 + VAT, which includes drafting, the video conference with the notary, the fee and delivery of the authorised electronic copy. For international powers with apostille, the price includes apostille processing.
How to get a power of attorney online
Since Law 6/2020 of 11 November, it is possible to grant powers of attorney by video conference. The notary verifies the principal's identity by video, reads the document and the principal signs with a qualified electronic certificate (FNMT or electronic national ID).
The process at Notaría Online:
- Request. You tell us what type of power you need and for what act. Send us a copy of the principal's ID and the attorney's details.
- Draft. We prepare the power of attorney text in 24-48 hours and send it to you for review.
- Video conference. We schedule an appointment with the notary. The session lasts 15-30 minutes. The notary reads the power, verifies your identity and you sign electronically.
- Delivery. You receive the authorised electronic copy on the same day. If you need a paper copy, it is sent by courier in 24-48 hours.
The power is ready to use from the moment of electronic signing. There is nothing to wait for.
When do you need a power of attorney?
Most common situations:
- Selling property in Spain from abroad. You need a special power of sale.
- Accepting an inheritance without being able to travel. The attorney signs the inheritance deed on your behalf.
- Managing banking, tax or administrative matters if you live outside Spain.
- Legal representation before courts (litigation power to a procurador).
- Protecting your assets against future incapacity. A preventive power gives you that peace of mind.
- Procedures in another country. An international power of attorney with apostille allows you to act in any Hague Convention signatory country.
Revoking a power of attorney
The principal can revoke the power at any time by granting a revocation deed before a notary. The notary notifies the attorney of the revocation. From that point, the attorney cannot use the power.
If the power is registered in any registry (Land Registry, Companies Registry), the revocation must also be registered to be enforceable against third parties.
Difference between a power and an authorisation
An authorisation signed in a private document (a signed page saying "I authorise X to collect my package") does not carry the guarantees of a notarial power. It works for minor acts (collecting documents, simple errands), but not for buying, selling, mortgaging or acting before courts.
A notarial power carries the notary's attestation: it certifies that the principal is who they claim to be, that they have capacity and that they grant the power freely. This makes it valid before any third party, registry or administration.
Request your power of attorney
If you need a power of attorney, contact Notaría Online. We handle general, special, preventive, litigation and international powers by video conference, with delivery in 24-72 hours.