A Power of Attorney (Poder Notarial) is a legal document by which one person (the grantor or principal) authorises another person (the attorney or representative) to act on their behalf in Spain. Both Spanish and foreign citizens may grant a Power of Attorney to enable a representative to perform valid legal acts or business transactions before Spanish authorities, notaries, or institutions.

Spanish Powers of Attorney are often used alongside a Spanish will, particularly if you own property or assets in Spain. While your England & Wales will governs your English estate, a Spanish will ensures smooth administration of your Spanish assets after death, and a Power of Attorney allows trusted representatives to manage those assets efficiently while you are alive.

Types of Spanish Powers of Attorney

Spanish Powers of Attorney are generally classified according to their scope and purpose, as recognised under Spanish civil and procedural law and commonly used in notarial practice:

• General Power of Attorney (Poder General): Allows the representative to perform almost any act valid in law, such as buying or selling property, managing assets, entering into contracts, mortgaging property, incorporating a company, or accepting an inheritance.

• General Power of Attorney for Lawsuits (Poder General para Pleitos): Granted to one or more lawyers (abogados) and/or legal representatives (procuradores) to act in all judicial proceedings on behalf of the principal.

• Special Power of Attorney (Poder Especial): Authorises the representative to act in specific matters, such as purchasing or selling property, accepting an inheritance, collecting pensions, or obtaining a Spanish Foreigner Identity Number (NIE).

• Special Power of Attorney for Lawsuits (Poder Especial para Pleitos): Limited to a particular court case or legal process, allowing the attorney to act only within the scope defined by the proceedings.

Selecting and structuring your Power of Attorney

When granting a Power of Attorney, it is important to:

• Choose trusted representatives: Appoint someone reliable, ideally with professional experience or standing in Spain. Many clients name more than one Attorney to ensure continuity. Lawyers are often recommended for legal or property matters.

• Balance the powers granted: Give sufficient authority for practical purposes—property, inheritance, banking, taxes—but avoid unnecessarily broad powers. In Spain, Powers of Attorney are often drafted broadly by default, which can save the need for additional notarisation later.

• Plan for incapacity: Include provisions if you are unable to act due to illness or accident.

Each authority should be clearly drafted to ensure the scope of powers is precise and unambiguous. It is strongly recommended that the document be prepared in a bilingual format (Spanish/English) so that the principal fully understands the powers being granted and to avoid translation issues. The Power of Attorney can be prepared in its final electronic format in advance for review by the principal and, if applicable, their Spanish lawyer, before signing the original document before a Notary Public.

Common uses of a Spanish Power of Attorney

A Spanish Power of Attorney can be used to:

• Buy or sell property and authorise your lawyer to sign on your behalf

• Open or close Spanish bank accounts

• Represent you at a Spanish notary’s office

• Instruct a Spanish lawyer

• Deal with Spanish tax authorities

• Handle probate or estate matters

• Authorise accountants or other professionals to act on your behalf

• Conduct commercial or trading activities, such as running a business or selling products in Spain

A key benefit is that you can manage your Spanish affairs without travelling, saving cost, time, and disruption to work or daily life.

Public notarial deed (escritura pública)

Spanish Powers of Attorney are public notarial deeds (escrituras públicas). This means a permanent copy is kept in the notary’s protocol, providing:

• Official proof that the execution was witnessed and recorded

• Confidence for Spanish lawyers and authorities that the document is authentic

• A verifiable record in case of disputes

Preparing and executing the document

A Spanish Power of Attorney may be initiated by a Spanish lawyer or, in certain cases, directly by a Spanish Notary Public. For principals based in England and Wales, the document is typically drafted by a Spanish lawyer and then submitted to a Notary Public in England and Wales, who will review and, if necessary, amend it to ensure compliance with English and Welsh law and notarial practice rules before notarisation.

The Power of Attorney must then be signed before a Notary Public in England and Wales, who will:

• Verify your identity

• Ensure you fully understand the powers being granted (a side-by-side English translation is usually provided)

• Witness your signature

The Notary may correspond with your Spanish lawyer to clarify points and ensure the document is fully compliant with Spanish law.

Documents required

To execute a Spanish Power of Attorney before a Notary Public in England and Wales, you will typically need to provide:

• Your original passport or national identity document (DNI)

• Proof of address dated within the last three months, such as a utility bill, bank statement, or official government correspondence

• Your NIE, if already held

• Details of your appointed representative(s) in Spain, including name, ID/NIE, and address

Depending on the circumstances, you will usually provide copies of the first two pages of your passport for attachment to the notarised Power of Attorney. Copies of all passport pages may be requested in specific cases, such as visa applications or matters requiring verification of multiple endorsements.

Execution, Apostille, and Signing Abroad

Once executed, the Power of Attorney must be legalised with the Hague Apostille by the Foreign, Commonwealth & Development Office (FCDO). Legalisation confirms the authenticity of the signature, stamp, or seal, ensuring that the document is recognised by Spanish authorities. The Notary can often assist with arranging the Apostille on your behalf for convenience.

Alternatively, Spanish Powers of Attorney may be signed directly before a Spanish Notary in Spain or at a Spanish Consulate in England and Wales, if this is more convenient. Key consulates include:

• Spanish Consulate in London

• Spanish Consulate in Manchester

This provides flexibility for principals based in England and Wales who prefer to complete the process closer to home or travel to Spain.

Delivery of the Power of Attorney

After execution and Apostille legalisation, the Power of Attorney must reach your representative in Spain. Options include:

• The Attorney carrying it on travel from England and Wales

• A reliable courier service arranged by our office if the Attorneys are based in Spain and require the document quickly. Our office can dispatch the notarised and Apostilled Power of Attorney within 1–3 working days, ensuring prompt delivery to your representatives.

Duration and revocation

A Spanish Power of Attorney lasts until revoked, unless a specific expiry date is included. At the conclusion of your matter, you may retrieve the original Power of Attorney. If you wish to revoke it, this can be done at any time by executing a notarial deed of revocation (escritura de revocación), notifying all appointed representatives and relevant authorities.

Why instruct a Notary

Using a Notary Public in England and Wales ensures your Power of Attorney:

• Is valid under both English and Spanish law

• Is clearly drafted with precise powers tailored to your circumstances

• Is legally recognised in Spain through Hague Apostille certification

• Can be processed and dispatched promptly, helping to avoid potential delays associated with consular appointments

A Notary Public can guide you through drafting, execution, legalisation, and delivery, providing a smooth and efficient process for both you and your appointed representatives.