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Power of Attorney in Spain:
Buy or Inherit Without Travelling
What Is a Spanish Power of Attorney?
A Spanish power of attorney (poder notarial) is a notarial document by which you authorise someone — normally your lawyer — to act for you in specified matters in Spain. It is the instrument that makes it possible to complete a purchase, deal with an inheritance or sell a property without setting foot in the country.
It is not a blank cheque. The powers granted are listed expressly in the deed, and anything not listed cannot be done. A power drafted for a property purchase does not allow the attorney to sell your house or empty your bank account, and it can be revoked at any time.
For clients who are not yet in Spain — which is most of the people we act for — this is usually the single most practical document in the whole process.
How to Grant One from Your Own Country
At a Spanish consulate
You attend the consulate in your country and sign the power before the consular officer. The document is issued in Spanish and is immediately valid in Spain, with no apostille or translation required. It is usually the cleanest route, subject to appointment availability.
Before a local notary, with an apostille
You sign before a notary in your own country. The document is then legalised with the Hague Apostille and officially translated into Spanish. This is often faster where consulate appointments are scarce.
In both cases we prepare the wording in advance and send it to you, so that the notary or consulate is signing a text drafted for the Spanish procedure it needs to serve. A power drafted in general terms abroad is frequently rejected in Spain for lacking the specific faculties required.
What We Can Do on Your Behalf
Buying a property
Sign the private contract and the deed of sale before the notary, pay the purchase taxes, register the property in your name and arrange the transfer of utility contracts. This is how most of our conveyancing clients complete their purchase.
Selling
Sign the deed of sale, handle the 3% withholding and file the corresponding tax returns.
Inheritance
Accept the inheritance before the notary, settle inheritance tax and register the property in the heirs' names.
Administrative matters
Obtain a NIE, deal with the tax office, apply for certificates, and represent you before the town hall.
Company matters
Incorporate a company, sign corporate deeds and file at the Commercial Registry.
Costs, Duration and Revocation
The cost of the power itself is modest: the consulate or notary fee, plus translation and apostille where that route is used. Compared with the cost of flying to Spain for a signing that may be postponed at short notice, it is almost always the cheaper option. We act under power of attorney for clients buying and inheriting across Altea and the northern Costa Blanca, and anywhere else in Spain.
A power of attorney can be granted for a specific transaction or on a continuing basis, and it can include an expiry date. It remains valid until it is revoked, expires or the grantor dies.
You can revoke it at any time before a notary. We will always confirm with you before exercising any power granted, and we account for every step taken under it.
Get Your First Consultation for FREE!
Buying, selling or inheriting in Spain but cannot travel? A free consultation on how a power of attorney would work for your case.
Our Power of Attorney Service Includes
- Drafting the wording with exactly the faculties your transaction requires.
- Advising whether the consulate route or the apostille route is faster for your country.
- Liaising with your local notary on the formalities.
- Arranging the official translation into Spanish where required.
- Checking the document is valid in Spain before it is relied upon.
- Signing the deed of sale or inheritance on your behalf before a Spanish notary.
- Paying the corresponding taxes and registering the property in your name.
- Obtaining your NIE under the same power.
- Reporting to you at every step, with copies of everything signed.
- Assisting with revocation when the transaction is complete.
Frequently Asked Questions About Powers of Attorney in Spain
Is it safe to give my lawyer a power of attorney?
The powers granted are expressly listed in the deed and nothing outside that list can be done. You can revoke it at any time, and we are registered lawyers covered by professional indemnity insurance and accountable to the Bar Association. We confirm with you before exercising it.
Do I need to translate the power of attorney?
Not if you sign it at a Spanish consulate, where it is issued directly in Spanish. If you sign before a notary in your own country, it will need the Hague Apostille and an official translation.
How long does it take to arrange?
The document itself is quick; the constraint is the appointment. Consulates vary from days to several weeks. Where the consulate is slow, signing before a local notary with an apostille is usually faster.
Can one power of attorney cover several transactions?
Yes. A power can be drafted to cover a purchase, the tax formalities and the subsequent registration, or to cover an inheritance from start to finish. Drafting it with sufficient scope from the outset avoids having to repeat the process.
What happens to the power if I die?
A power of attorney ends automatically on the death of the person who granted it. It cannot be used to deal with an estate; that requires the separate inheritance procedure.