What is a Spanish Power of Attorney?
A Power of Attorney (Poder Notarial) authorises another person to act on your behalf in legal and administrative matters in Spain. The document is signed before a notary and has full legal force under Spanish law.
Powers of Attorney can be general (covering a wide range) or specific (limited to a particular transaction). For property transactions, a specific POA is generally preferred — it defines exactly what your lawyer can do, protecting you from unintended use.
When Do You Need a Spanish Power of Attorney?
A Power of Attorney is essential or extremely useful in:
- Buying property in Spain without being present — your lawyer signs the title deed on your behalf.
- Applying for your NIE from abroad — your lawyer applies at the police station for you.
- Selling a Spanish property when you are not in Spain.
- Setting up a Spanish company — your lawyer signs the deed of incorporation.
- Note: Making a Spanish will is NOT possible via Power of Attorney — the testator must always sign in person.
- Inheritance matters — heirs abroad can accept or renounce via Power of Attorney.
- Residency applications — some preliminary steps can be handled via POA.
Granting a Power of Attorney in Spain
The simplest way is to visit a Spanish notary in person. Your lawyer prepares the draft POA text; you attend, show your passport, and sign. Cost: approximately €50–€150.
Many clients visiting La Cala de Mijas to view properties grant a POA at the local notary before returning home, allowing the transaction to proceed in their absence.
Granting a Power of Attorney from Outside Spain
If you cannot travel to Spain, two options:
- Spanish Consulate: Visit the consulate in your home country and sign before a consular official. The document is apostilled. Appointments can take 2–6 weeks.
- Local Notary + Apostille: Sign before a notary in your home country, have it apostilled, and officially translated into Spanish by a sworn translator. Allow 1–3 weeks.
Your Spanish lawyer will provide the exact wording needed, in both Spanish and English, before you visit your local notary.
Scope and Limitations
A well-drafted POA specifies precisely what the attorney can do: signing agreements, title deeds, tax returns, and handling Land Registry matters. It should specify the maximum purchase price and property description.
You can revoke a POA at any time by notarial deed, as long as you do so before the authorised acts are completed.