What is a Notarial Power Deed
Nowadays, given our busy schedules, it is often practically impossible for us to fulfill all our commitments or tasks.
That is why the law offers us an extraordinary legal tool that helps us to "be in a place without being there".
This, explained in the simplest way possible, refers to the following: if I need to formalize any legal procedure before any authority but, for whatever reason, I cannot attend, either due to scheduling impossibility or location impossibility, we can use the legal tool known as "notarial power". In this way, the person to whom we grant the power can carry out said procedure on our behalf.
In a power, we have two main parties: the one who grants the power, the grantor, and the one who receives the power, the attorney-in-fact. Additionally, there are multiple types of powers; general, special, for lawsuits...
It is worth noting that the aforementioned parties can also vary, that is, they can grant it both natural persons and commercial companies, associations, foundations... etcetera.
The grantor legally authorizes the attorney-in-fact to perform certain actions, as well as to grant them the powers they deem appropriate. For this power to be legal, it must be granted, by means of a deed, before a Notary.
What is the Main Function of a Notary's Office?
It is not unnecessary to recall that the main function of a Notary is to provide public faith, what does this mean? That a Notary must verify that the documents signed before them have been done so freely and consciously.
For this specific topic, it affects us in such a way that only persons who are in full mental capacity can grant a power. Why do we emphasize this issue?
Surely you have encountered some family member or acquaintance who has, for example, one of their parents admitted to a hospital with some type of mental illness and who has needed to make some kind of management or procedure with some authority and it has been impossible for them. Could that person grant a power? The answer is no. Since, being lacking in full mental consciousness, our Law does not contemplate it.
Recommendations for a Notarial Power Deed
In line with this topic, we will allow ourselves some recommendations. Given the simplicity of granting a power, it is advisable to foresee situations in which we will need to use it.
Clear examples of these situations could be: I am going abroad to study for a few months, my parents are elderly and it is difficult for them to leave the house to handle tasks, my partner's work schedule prevents them from doing any procedure...
In cases like these, it is recommended to have a power, either general or special, to be able to act in urgent cases.
For the last, we will indicate that, broadly speaking, you will only need your valid National Identity Document and that it is one of the most economical notarial documents.
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