Power of Attorney in Spain

A power of attorney in Spain can only be granted by a person with legal authority and it is compulsory that the grantor is present before a public notary. The recipient does not have to come to the public notary. The grantor of the power of attorney in Spain must also prove that he has the right to grant the power. If the grantor is a person, the identity card is sufficient. If the power of attorney in Spain is given by a legal representative of a company, he must prove his authority, while in the case of a company secretary who wants to grant power, a proof of the job title is required.

A power of attorney in Spain is also known as “poder” and can be authenticated by a public notary, a notary of the Spanish Embassy or a notary outside of the country. If the power of attorney in Spain is completed in the presence of a notary, the authorised person receives the right to act as a legal representative with full efficacy of the power granted anywhere in the world. A power of attorney in Spain should mention clearly what are the powers granted and what is their effect. However, Spanish lawyers should be consulted for this matter before completing a power of attorney in Spain.

If a power of attorney in Spain is needed for international legitimization, the Spanish grantor must appear in front of a public notary in the country where the power of attorney is required. The document needs authentication on the basis of the Hague Apostille if the country where the power of attorney is done is a member of the Hague Apostille. Otherwise, there are specific rules available in each country. A foreign power of attorney that is needed in Spain should be translated in Spanish, unless it is authenticated by a Spanish Embassy or Consulate. 

A power of attorney in Spain can be used in situations where a party of a deed cannot attend in person, such as sales, purchases and other transactions. The power of attorney in Spain is usually valid until it is revoked. It also stops being valid if one the parties, be it the grantor or the attorney, dies. It is stipulated in the Spanish law that the power of attorney cannot be used after the donor passed away. The revocation of a power of attorney in Spain requires the execution of a “Deed of Revocation of Power of Attorney” in front of a public notary.