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.

Frequently Asked Questions

A Spanish POA does not automatically expire unless you specify an expiry date. It remains valid until used, revoked, or the grantor dies. Most lawyers recommend granting a POA no more than 6–12 months before the planned transaction.
A specific POA limits the attorney's authority to precisely defined acts. Your lawyer cannot take any action outside the stated scope. Always work with a qualified, regulated lawyer — Dolores Perujo is a fully registered member of the Málaga Bar Association.
A UK POA can be used in Spain if apostilled and officially translated. However, most Spanish notaries prefer a Spanish-format POA. We recommend granting a purpose-specific Spanish POA for any Spanish legal matter.