What is a Spanish Power of Attorney?
A Power of Attorney (Poder Notarial) is a legal document in which you (the poderdante — the grantor) authorise another person (the apoderado — the attorney or representative) 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 of acts) or specific (limited to a particular transaction or action, such as completing a specific property purchase). For property transactions, a specific Power of Attorney is generally preferred — it defines exactly what your lawyer can do on your behalf, protecting you from unintended use of the authority.
When Do You Need a Spanish Power of Attorney?
A Power of Attorney is essential or extremely useful in the following situations:
- Buying property in Spain without being present — your lawyer signs the title deed at the notary on your behalf.
- Applying for your NIE from abroad — your lawyer can apply at the police station on your behalf.
- Selling a Spanish property when you are not in Spain — your lawyer handles the entire sale.
- Setting up a Spanish company — your lawyer signs the deed of incorporation on your behalf.
- Making a Spanish will is not possible via Power of Attorney — the testator must always sign in person. However, all other estate matters can be handled via POA.
- Inheritance matters — heirs abroad can accept or renounce an inheritance via Power of Attorney.
- Residency and immigration applications — in some cases, preliminary steps can be handled via POA.
Granting a Power of Attorney in Spain
The simplest way to grant a Spanish Power of Attorney is by visiting a Spanish notary in person. This can be done at any notary's office in Spain. Your lawyer will prepare the draft POA text; you attend the notary, show your passport, and sign. The notary witnesses the signature and seals the document. Cost: approximately €50–€150 in notary fees.
If you are already in Spain during a property search trip, granting a POA at the local notary is quick and straightforward. Many clients visiting La Cala de Mijas or the Costa del Sol to view properties will grant a POA 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, you have two options:
- Spanish Consulate: Visit the Spanish consulate in your home country and sign a POA before a consular official. The document is then apostilled. Consulate appointments can take 2–6 weeks to obtain in some countries.
- Local Notary + Apostille: Sign the POA before a notary in your home country, then have it apostilled (authenticated) for use in Spain. It must then be officially translated into Spanish by a sworn translator. This is the most commonly used approach for UK-based buyers. Allow 1–3 weeks for the full process.
Your Spanish lawyer will provide you with the exact wording they need for the POA, in both Spanish and English, before you visit your local notary or consulate.
Scope and Limitations of a Spanish Power of Attorney
A well-drafted POA specifies precisely what acts the attorney can perform. For a property purchase, this typically includes: signing reservation agreements, arras contracts, title deeds, mortgage documents (if applicable), filing tax returns, and handling Land Registry matters. It should also specify the maximum purchase price and property description to prevent unauthorised use.
You can revoke a Power of Attorney at any time by notarial deed, as long as you do so before the acts authorised in the POA have been completed. A POA does not transfer ownership of your money or assets — it simply allows the attorney to act in specified matters on your behalf.