Prevention and Planning

Notarial Preventive Power: Protect Yourself Against Future Incapacity

The preventive power —also popularly known as "power of attorney for incapacity"— allows someone you trust to manage your affairs if in the future you cannot do so yourself. Process it online before it is too late.

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Remains in effect in case of incapacity
Valid throughout Spain
Processed by a notary

What Does the Notarial Preventive Power Include?

A complete service so that a trusted person can act on your behalf if you lose the capacity to make decisions.

Personalized Advisory: We explain all the options to you: classic preventive power, power with survival clause, or power with future activation. We recommend the most suitable one for your situation.
Drafting of the Power of Attorney: We draft the preventive power adapted to your needs: economic management, real estate, bank accounts, medical decisions, representation before administrations.
Signing by Videoconference: Signing before a notary via video call. The grantor must be in full mental faculties at the time of signing: the sooner, the better.
Survival Clause: We include the clause that ensures the power remains valid even if the grantor is judicially declared incompetent. Essential for it to take effect when most needed.
Registration in the Civil Registry: We handle the registration of the preventive power in the Civil Registry so that financial entities and administrations can verify it.
Guidance for the Family: We inform family members on how to use the power when necessary and which entities accept it.

How to Process a Preventive Power Online?

The process takes between 5 and 7 business days. It is important to process it while the grantor is in full mental faculties.

1

Día 1

Consultation on your needs

We analyze your situation: what powers you want to delegate, who will be the attorney-in-fact, and what clauses are necessary for your case.
2

Días 1–3

Drafting of the preventive power

We draft the document with all necessary clauses, including the one for survival in case of incapacity. We send you the draft.
3

Días 3–5

Signing before a notary via video call

The grantor signs the preventive power before a notary via video call. The notary verifies the capacity and free consent.
4

Días 5–7

Delivery and registration

You receive the original power. We handle the registry inscription if you wish, so that financial entities and administrations can verify it.

What Documents Do I Need for the Preventive Power?

Valid DNI or NIE of the grantor (who grants the power)
Full name and DNI/NIE of the attorney-in-fact (who will exercise the power in case of incapacity)
List of powers you wish to include (economic management, real estate, accounts, etc.)
If there are several attorneys-in-fact: data of all of them and manner of acting (joint or separate)
Relevant medical data if you want to include instructions on health decisions (optional)

It is not necessary for the attorney-in-fact to be present at the signing. It is a unilateral act of the grantor. You only need to have their identity details.

What is the preventive power and why is it called "power of ruin"?

The preventive power is a special type of notarial power of attorney that maintains its validity —or comes into force— when the grantor loses the capacity to act (due to illness, dementia, severe accident, etc.). In Spanish popular language it is called "power of ruin" because it is granted in foresight of the person entering "in ruins", that is, when they can no longer manage on their own.

Unlike an ordinary power of attorney —which automatically extinguishes if the grantor is declared incapable—, the preventive power includes a survivability clause that ensures the attorney-in-fact can continue acting on behalf of the incapacitated person.

For whom is the preventive power?

It is recommended for any person who wants to plan their future in the face of a possible incapacity:

Elderly persons who want to protect their assets and facilitate management for their children
Persons with chronic or degenerative diseases (Alzheimer's, ALS, etc.)
Any adult who prefers to designate a trusted person instead of having a judge do it

Does the preventive power replace judicial guardianship?

Yes, to a great extent. If a preventive power is granted in due time and form, the courts usually respect it and do not appoint a judicial guardian, since the person has already chosen whom they wanted to represent them. It is a form of self-protection and planning highly recommended.

When should the preventive power be granted?

The sooner, the better. The power can only be granted while the person has full mental faculties. Once cognitive deterioration has begun, it may be too late. The notary will verify at the signing that the grantor understands what they are doing.

Frequently Asked Questions about the Notarial Preventive Power

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Do I need a notarial power of attorney for someone to sell my apartment on my behalf?

Yes. For a person to sell a real estate property on behalf of the owner, a special notarial power of attorney is essential that includes express powers to sell that specific property. A general power may also be sufficient if it expressly includes the power to sell real estate properties.

What the power of attorney must include for selling:

Exact registry data of the property (catastral reference, address, volume, folio, and registration)
Price or minimum selling price
Collection powers (to receive the price and issue a receipt of payment)
Complementary powers (to cancel the mortgage if any, deliver possession, make fiscal declarations)

At Notaría Online, we process the power of attorney via video call in 24-48 hours. You only need to send us the simple note of the property and the data of the attorney-in-fact.

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What is the legalization of a signature and how does it differ from a notarial power?

The legalization of signature is a notarial act distinct from the power. In the legalization, the notary certifies only that a signature is authentic and belongs to the identified person, without creating any representation or authorization. The notary does not attest to the content of the document.

The notarial power, on the other hand, authorizes a person to act on behalf of another for one or several specific legal acts.

When is signature legalization needed?

Private documents that must be presented to organizations requiring notarial authentication
Contracts or assignments of rights that will be used abroad
Administrative applications that require a legalized signature

Signature legalization is faster and more economical than a public deed. It can be processed online with the signatory appearing via video call, as provided by Law 11/2023.

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What types of notarial powers of attorney are there?

Notarial powers are classified according to their scope:

General power: authorizes the attorney-in-fact to act in any matter on behalf of the principal (patrimonial, personal, judicial, etc.).
Special power: limited to a specific act: selling a specific property, signing a specific contract, representing in a specific lawsuit.
Power for lawsuits: to act in judicial and arbitral proceedings.
Banking power: to operate accounts, contract financial products, etc.
Preventive power: for the case of future incapacity of the principal (widely used in dependency planning).
Irrevocable power: in specific cases, it cannot be revoked unilaterally.

The choice of the appropriate type depends on what the power is needed for. Our team advises on the most suitable modality in each case.

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Can a power of attorney be revoked? How?

Yes, a power of attorney can be revoked at any time by the grantor, unless it is irrevocable by agreement.

Revocation procedure:

Grant a notarial deed of revocation before a notary
Notify the revocation to the attorney (recommendable in a reliable manner: registered mail)
If the power was used for registry inscription or was notified to third parties, it is also advisable to notify said third parties

Automatic extinction of the power: The power extinguishes without the need for revocation in the event of death, declaration of incapacity, or bankruptcy of the grantor or the attorney, unless it is a preventive power.

It is important to act quickly when you want to revoke a power to prevent the attorney from carrying out undesired acts before receiving the notification.

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Does a notarial power of attorney signed via videoconference have the same legal value?

Yes, exactly the same legal value as a power of attorney granted in person.

The Notarial Law, reformed to allow remote notarial actions, establishes that the notary can authorize public documents by identifying the grantor via videoconference with the required technical guarantees.

The process is identical to the in-person one:

The notary verifies the identity of the grantor through the DNI/NIE visualized by camera
The notary reads the document in full
The grantor gives their consent
The notary attests to the signature and the content

The resulting document is a notarial public deed with full validity erga omnes, registrable in registers, accepted by banks, administrations, and courts.

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What is a power of attorney used for in practice?

Powers of attorney are indispensable in numerous everyday situations:

Real estate purchase and sale: when the owner cannot attend the deed signing
Inheritance management: so that an heir can manage the process on behalf of all
Banking procedures: to operate accounts, contract or cancel financial products
Representation in judicial proceedings
Management of properties in Spain from abroad
Procedures before the Administration: Tax Agency, Social Security, Municipalities
Signing of rental contracts
Corporate acts: general meeting, capital increase, etc.
Dependency planning: preventive power for cases of incapacity

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Is it necessary for the attorney-in-fact to attend the signing?

No, it is sufficient for the principal or principals who grant the power to attend the signing.

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Can I designate more than one agent in a notarial power of attorney?

Yes, in many cases, more than one agent is designated in a notarial power of attorney. You can specify whether the agents must act jointly or if they have the authority to act independently. It is important to clearly describe the instructions and the limits of the powers of each agent in the document.

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How long is a notarial power of attorney valid?

The validity of a notarial power of attorney is limited either by a specific date on which it ceases to be valid, by its revocation, because the grantor loses their mental faculties and becomes incapacitated to grant the revocation of the power, or by the death of the grantor.

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How can I revoke a power of attorney?

To revoke a power of attorney, you must execute a deed of revocation of the power, which is essentially the cancellation of the mandate that you had granted in the original power and notify such revocation to the affected attorneys-in-fact. A good tip is to grant the power that you need to be carried out but not grant the attorney the authority to obtain copies of the power themselves. In this way, once the attorney performs the mandate entrusted to them, it will suffice to retrieve the copy of the power from them, leaving the attorney without said power, thereby avoiding the need to execute a deed of revocation in the future.

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What is the difference between a general power of attorney and a specific one?

A general power of attorney grants broad powers to the attorney-in-fact to act on behalf of the principal in a variety of legal matters. However, a specific power of attorney (also known as a special power of attorney) limits the powers of the attorney-in-fact to act only in specific situations and matters, which are mentioned in the power.

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Why do I need a power of attorney?

A power of attorney may be necessary when you cannot be present in person to carry out any act. By granting a power of attorney, you can designate a trusted person to act on your behalf, which is especially useful in situations where you are absent or incapacitated.

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What is a power of attorney?

A power of attorney is a document that grants authority to a person (called the attorney-in-fact or representative) to act on behalf of another person (called the principal or grantor). A power of attorney can be granted for various purposes, such as carrying out financial transactions, signing contracts, managing properties, or representing the principal in any field. It is also necessary to grant a power when you have to resolve a matter in the courts, granting power to your lawyer and solicitor.

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You may also be interested in

Would you rather read up before deciding? There are guides on preventive power and incapacity planning on the blog and short answers in the FAQs.

Who handles your procedure

A team of lawyers and administrators prepares the paperwork, explains what you are going to sign and books you in with one of the registered notaries in our network. We are not a notary: the signature is always authorised by the notary.

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Process My Preventive Power +34 611 422 933