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14 May 2021

A guide to Spanish Powers of Attorney: How our notaries can assist you

Are you based in England or Wales, but need to deal with Spanish property matters abroad? We can help.

Estimated reading time: 3 minutes

International travel is not always possible. Sometimes, it may be more practical and efficient to appoint someone to act on your behalf in Spain. To do this, you will need a valid Spanish Power of Attorney.

At Woodcock Law, we have the expertise to draft and arrange Powers of Attorney in Spanish and English. Here is a comprehensive guide to understanding your Power of Attorney in Spain for the UK.

What is a Spanish Power of Attorney?

A Spanish Power of Attorney is a legal document used to appoint trusted individuals (‘Attorneys’) to make important decisions on your behalf. A notary public must witness it being signed.

It can be described as a deed in which one person authorises another to act on their behalf as their attorney. They act as an attorney either generally or for a particular matter.

Additionally, a Power of Attorney may be an independent document or incorporated in a deed relating to other matters. For example, a mortgage, debenture or trust instrument.

A Power of Attorney is known as ‘Escritura de Poder,’ or ‘Poder Notarial’ in Spanish.

Why do I need a Power of Attorney?

To inherit, buy or sell property
Incorporate a company or issue legal proceedings on your behalf
Obtain your Foreign Identity Number (NIE)
Deal with taxes and bank accounts
Take court actions in Spain

The Power of Attorney will usually be supported by further clauses allowing attorneys to deal with other important matters, such taxes, bank accounts and investments in Spain.

When granting a Power of Attorney, it is important to understand the exact powers you are granting to your attorneys, as these can have extensive legal consequences. You need to strike a balance to ensure your attorneys can effectively manage your affairs but do not have powers that are wider than necessary.

How do I obtain a Spanish Power of Attorney?

The process for obtaining a Spanish Power of Attorney involves:

Preparing a suitable Power of Attorney document
Ensuring formalities are met for your Power of Attorney to be accepted in Spain
Delivering the Power of Attorney to the individuals who need it

How do I prepare a Spanish Power of Attorney?

When granting a Spanish Power of Attorney, you should consider:

Who you want to appoint as your Attorneys
What powers you want to grant them

How do I appoint an attorney?

Whoever you decide to appoint as your Attorneys, you need to trust them. You only need one Attorney, but it is often safer to appoint more than one.

Signing your Power of Attorney

After you have selected your Attorney(s) and decided on the powers you wish to allocate to them, you will be required to sign the Power of Attorney in the presence of a Notary Public – along with your witnesses.

The Notary Public will officially identify you and ensure that you have understood the terms of the document.

Legalising your Power of Attorney

Next, the document will need the Federal, Commonwealth & Development Office (FCDO) to legalise it. Legalisation of a Spanish Power of Attorney is required because their legitimacy is of ultimate importance.

The FCDO will attach a certificate to the document called an Apostille, which will guarantee that the document will be recognised by Spain. This is due to an international treaty called the Apostille Convention, which abolished the requirement of further legalisation for foreign public documents for countries that signed the treaty. This includes Spain and the UK.

Delivering your Power of Attorney in Spain

After legalisation, the document must be delivered to your attorneys. If one of them is in the UK by the time the document is legalised and is due to travel to Spain soon, they may take the document along with them. Alternatively, if all of your attorneys are in Spain, you may use a courier as the most reliable delivery method.