Power of Attorney in Spain: A Simple Solution for Managing Your Legal Affairs

Maggie Panet
February 7, 2025

Introduction

Navigating legal and financial matters in Spain can be complex, especially if you’re not physically present in the country for every required step. Fortunately, a Power of Attorney in Spain (Poder Notarial) allows you to authorise a trusted representative to act on your behalf, ensuring smooth transactions and legal processes without unnecessary stress.

In this guide, we’ll explore how a Power of Attorney in Spain works, when you might need one, and how it can save you time, money, and hassle.

Do you require Power of Attorney in Spain?

What Is a Power of Attorney in Spain?

A Power of Attorney (Poder Notarial) is a legally binding document that grants another person, your representative, or “attorney-in-fact”, the authority to act on your behalf in specific legal, financial, or administrative matters. The act is then formalised before a Spanish notary, and its scope is clearly defined, meaning your representative can only carry out the actions that you have expressly permitted.

This document can be particularly beneficial for non-residents or those who cannot be physically present in Spain for certain key administrative and bureaucratic processes.

You can find out more about it here.

Different Types of Power of Attorney in Spain

In Spain you might come across the following types of Poder Notarial available:

General Power of Attorney (Poder General): Grants broad authority to handle multiple matters, including financial transactions, property management, and legal procedures. Often used for long-term representation.
Special Power of Attorney (Poder Especial): Limits authority to specific actions, such as selling a property or handling inheritance paperwork.
Preventative Power of Attorney (Poder Preventivo): Designed for situations where the principal may become incapacitated. Unlike regular powers of attorney, which often expire upon incapacity, this one remains valid.

When Might You Need a Power of Attorney in Spain?

There are several situations where having a Power of Attorney in Spain can make life significantly easier:

1. Buying or Selling Property

If you’re purchasing property in Spain but can’t be present for every step, a Power of Attorney allows your legal representative to sign contracts, handle payments, and liaise with authorities on your behalf.

Similarly, if you’re selling property, your representative can oversee the process, ensuring the sale is completed smoothly—even if you’re abroad.

2. Managing Inheritance & Probate

If you’ve inherited property or assets in Spain, the legal procedures can be time-consuming and difficult to navigate from abroad. A Power of Attorney enables a lawyer or trusted individual to manage the process, handle probate, and settle any legal obligations on your behalf.

3. Handling Bureaucratic Matters

Spanish bureaucracy can be notoriously slow and complex. A Power of Attorney can allow your representative to:

Apply for your NIE (Número de Identidad de Extranjero)—a crucial tax identification number required for property purchases, employment, and opening a bank account.
Handle tax matters and financial transactions.
Deal with utility contracts, bank paperwork, or vehicle registrations.

4. Assisting a Relative

If you have an elderly parent or relative living in Spain who struggles with paperwork or financial management, a Power of Attorney allows you to legally assist them from abroad.

How Long Does a Power of Attorney Last?

The validity of a Power of Attorney depends on the terms set out in the document. It can be:

Limited-term, where it remains valid for a set period (e.g., two years).
Open-ended, lasting indefinitely unless revoked.

At PCC Legal, we generally recommend a two-year validity period for property transactions, ensuring that even long-term processes, such as purchasing a new build, can be completed without requiring renewal.

How You Can Arrange a Power of Attorney

You can grant a Power of Attorney either in Spain or from your home country.

Option 1: Granting Power of Attorney in Spain

The document is signed at a Spanish notary’s office.

Since it is written in Spanish, a certified translation is advisable to fully understand its contents.

Option 2: Granting Power of Attorney from Abroad

If you’re not in Spain, you can still arrange a Power of Attorney:

Your Spanish lawyer can draft a bilingual document (Spanish and your native language).
You sign it before a notary in your home country.
The document must then receive the Apostille of The Hague to ensure it is legally recognised in Spain.
Alternatively, you can sign the document at the Spanish Embassy, which removes the need for an Apostille.

Can a Power of Attorney Be Revoked?

Yes, a Power of Attorney can be revoked at any time, provided you follow the correct legal procedure. However, in most cases, it naturally expires once its purpose has been fulfilled, such as when a property sale is completed.

Other Elements to Consider?

It should be noted that when researching about power of attorney in Spain you should also understand the costs and fees involved but also realise there often misconceptions.

Costs and Fees Involved

When seeking power of attorney in Spain there are always potential costs associated. The following are the most frequent ones you might encounter.

Notary fees in Spain: Typically range from €50 to €150, depending on complexity.
Apostille certification (if signed abroad): Varies by country but generally between €20 and €80.
Legal drafting fees: If done by a solicitor, it may cost between €150 and €300.

At PCC Legal we will provide you a transparent fee structure for our Power of Attorney services.

Common Misconceptions About Power of Attorney in Spain

When our clients seek out our power of attorney service we often hear the following statements:

“A Power of Attorney gives away full control.” → Not true; it only authorises the specific actions mentioned previously in our article.
“A Power of Attorney can be used indefinitely.” → This Will only occur if no expiration date is set; but as we have mentioned the power of attorney can be revoked.
“It’s complicated to arrange a Power of Attorney from abroad.” → The process is straightforward with the right legal guidance and team.

Need Spanish Legal Advice?

Why Choose PCC Legal for Your Power of Attorney in Spain?

At PCC Legal, we have years of experience assisting clients with hassle-free Power of Attorney services. Our team ensures:

Your document is correctly drafted to meet legal requirements.
You receive clear guidance throughout the process.
Transactions and legal matters are efficiently handled on your behalf.

“Let us take the stress out of Spanish legal processes”

Whether you’re buying property, handling inheritance matters, or simply want someone to manage legal affairs in Spain on your behalf, a Power of Attorney is the key to saving time and avoiding complications.

Going Above And Beyond For You

At PCC Legal, we strive to exceed your expectations.

Our core values are reflected in our dedication to Excellence, Transparency, Service, and Efficiency.

Ready to learn more about who we are or need our assistance? Get in touch with us today.