29 April 2024

A guide to the Spanish Power of Attorney

If you have to deal with matters in Spain, then you may need a Spanish Power of Attorney. See how we can help you with this useful document.

Estimated reading time: 5 minutes

Many British people live in Spain, or have some assets there, such as property. Over time, it is possible that they will eventually wish to sell their Spanish property. However, in some cases, they may not be able to travel to deal with it themselves.

Whether it be due to poor health, or just no free time, if you cannot travel to Spain to deal with an issue, then you can instead get a Spanish Power of Attorney.

You might be thinking: ‘but what is a Spanish Power of Attorney?’ We shall tell you all about this document, what it is used for, and how we can help you.

What is a Spanish Power of Attorney?

Essentially, the Spanish Power of Attorney empowers someone to act on your behalf when carrying out dealings in Spain. You will need to prove that you have the mental capacity to empower someone, and the individual you empower must also show they have the mental capacity to carry out these acts.

They will be empowered to, for example, buy or sell property on your behalf, deal with bank accounts, or get your Foreign Identity Number (NIE) for your Spanish visa.

If you are familiar with UK Powers of Attorney, then the Spanish Power of Attorney should not be too difficult for you to understand, as they are quite similar.

However, the UK and Spain do have different types of Power of Attorney that you should know about.

Types of Spanish Power of Attorney

In the UK, we have two types of Powers of Attorney, and an older third one that is no longer created, but some may still be in effect. The two extant ones are the Ordinary Power of Attorney, and the Lasting Power of Attorney, whilst the third one not in use is the Enduring Power of Attorney.

However, Spain has a few different types of Powers of Attorney. Some examples are:

General Power of Attorney

This allows an individual, or the ‘agent’, to carry out acts on the behalf of the person empowering them. For example: buying and selling property, dealing with inheritance issues, opening and managing bank accounts, making payments, and more.

Special Power of Attorney

This grants one or more people the power to represent an individual in legal or business matters. For example, collecting a Foreign Identity Number (NIE), collecting pensions, establishing corporations, and other acts.

General Power of Attorney for Lawsuits

One or more lawyers are empowered to represent an individual in all legal proceedings.

Special Power of Attorney for Lawsuits

One or more lawyers are empowered to deal with a specific judicial process.

How do I get a Spanish Power of Attorney?

To get a Spanish Power of Attorney, it will need to be drafted by either you, or someone else. We suggest that you get it drafted with the involvement of a legal professional, as they will know what information you will need to include on the document.

You may also be able to find templates online, but these may not include sections for all of the information that you need to include.

Getting a legal professional from Spain to draft the document for you will likely be the best option, as they will know what all of the local requirements are.

Additionally, for it to be accepted as valid in Spain, it will likely need to be notarised and then legalised by being given an apostille form the Foreign, Commonwealth and Development Office (FCDO).

For your document to be notarised and legalised if you have it drafted by a legal professional in Spain, you will have to get them to email it to you. Then, you can either print it off yourself, or have the notary such as ourselves print it off for you.

What is included on a Spanish Power of Attorney?

Several different details will need to be included in your Power of Attorney when you get it drafted.

Whilst the layout may vary based on how the document is drafted, it should include:

Your name
Your address
The names of your appointed attorneys (you can have more than one)
The details of the powers you are giving to them
Your signature

Mental capacity

We have already briefly mentioned this, but we shall provide you with more information on mental capacity in this section.

Essentially, everyone must be able to understand what they are getting involved in. In some cases, a person may be creating a Power of Attorney because they have poor health and will get worse. In this case, a Spanish Power of Attorney must be made before they deteriorate further, and still have the ability to freely make their own informed decisions.

Spanish Power of Attorney FAQ

Who should I choose to be an attorney?

When you choose your attorney, it should be someone who you trust to carry out your will. It is wise to choose more than one attorney to ensure everything is carried out in the correct manner.

How do I sign a Power of Attorney?

To sign your Spanish Power of Attorney, you will simply need to write your signature on the document in the presence of a Notary Public, who will act as a witness.

How will I send my Power of Attorney to Spain?

You can either send your Power of Attorney to Spain via a courier if your attorneys are already in Spain, or you can just send it with your attorneys when they travel to Spain if they are in the UK already.

Do I need to legalise my Power of Attorney?

Your Spanish Power of Attorney will need to be legalised by the FCDO so that it is accepted as a valid document and recognised in Spain.

How we can help

Notary Public of England and Wales, Nathan Woodcock, is our founder and resident notary who can assist you with notarising your document. Whilst he cannot help you with getting your Spanish Power of Attorney drafted, he can input his details and even act as witness to your signing of the document.

You can book an appointment with Nathan at one of our offices in London, Manchester, or Sheffield. Alternatively, you also have the option of using our convenient mobile notary service. This allows you to arrange your appointment at a reasonable time, and at a suitable place of your choosing.

Once your Spanish Power of Attorney has been notarised, it will need to be given an apostille by the FCDO. We can manage this process for you; we offer a standard apostille service that takes 25 to 30 days, and a fast-track service that takes 5 to 7 days.

Get in touch with us today to discuss your notary needs.

Also, if you are interested in getting a Spanish visa for whatever reason, then our partners at Spanish Visa Specialists can help you.