Power of Attorney & Notary Services for Spain
What Is a Power of Attorney for Use in Spain?
A Power of Attorney (in Spanish, Poder Notarial) is a legal document through which you (the grantor or principal) give another person (your agent or attorney-in-fact) the authority to act on your behalf in specified legal, administrative, or financial matters in Spain.
In Spain, such powers must generally be executed as public notarial deeds (escritura pública) to be valid and enforceable.
Because Spanish law (a civil law system) has specific formalities that differ from UK or other common law jurisdictions, careful drafting and correct legalisation steps are essential to avoid rejection of the document.
When a Power of Attorney (POA) is signed in the UK for use in Spain, it is often drafted as a bilingual document: English on one side and Spanish on the other.
Passport Attachment
- A copy of the passport (usually the photo ID page) of the grantor is commonly attached to the POA.
- In some cases, particularly where property transactions, banking, or court matters are involved, all pages of the passport may be requested to confirm validity and rule out discrepancies.
- These copies are usually notarised alongside the POA itself and sometimes bound to the document.
Step-by-Step Timeline
1. Notarisation
- Same-day process. You meet the notary, sign the document, and it is notarised immediately.
2. Apostille (FCDO – Foreign, Commonwealth & Development Office)
- Standard postal service can take weeks, but using a professional legalisation service it’s usually 2 working days.
- The document is couriered to the FCDO in London, apostilled, and returned.
3. Delivery to Spain
- DHL courier typically takes 2 working days door-to-door to Spain.
- If you prefer, you can collect the apostilled document from the London office once it’s back from the FCDO and arrange your own delivery.
Why You Might Need It
Granting a power of attorney in Spain is especially useful for people who:
- Want to buy, sell, transfer, or manage property in Spain without being physically present.
- Need a trusted representative to handle banking, tax, or administrative procedures.
- Are involved in inheritance, probate, or estate affairs in Spain.
- Require legal representation in Spanish courts or administrative bodies.
- Want to avoid multiple trips to Spain by entrusting a lawyer or counsel to handle tasks.
Our recommended Lawyer in Spain is: https://www.gbabogados.co.uk/
Types and Scope of Powers
You can tailor a Power of Attorney to fit your precise needs.
General Power (Poder General): Broad authority across multiple matters.
Special / Limited Power (Poder Especial): Limited to a particular action (e.g. sale of property).
Preventive / Durable Power: Remains valid even if you later become incapacitated.
Power for Litigation: Authorises representation in legal proceedings.
You may also set temporal limits, conditions, or specify which actions are included or excluded in the scope of the POA.
How to Set Up a Power of Attorney (Spain / From Abroad)
- Define the scope & objectives.
- Draft the document in Spanish (and possibly bilingual).
- Sign before a notary (in Spain or abroad).
- Legalisation / Apostille (Hague Apostille usually sufficient).
- Send or deliver the document to Spain.
- Registration if needed (especially for real estate).
- Use & oversight.
- Revocation (via deed of revocation before a notary).
Special Considerations for Documents Originating in the UK / London
After our Notary Public Steven Dasgupta certifies your signature, we obtain an apostille from the FCDO to legalise it for use in Spain.
Because Spain is a party to the Hague Convention, further consular legalisation is generally not required once the apostille is affixed.
The Spanish Consulate in London does not generally legalise private documents; the apostille route is used.
Why Use a Professional Service
A professional service ensures your Power of Attorney meets all Spanish legal formalities and registry requirements.
It coordinates across jurisdictions (drafting valid bilingual documents, notarial signing, apostille, and delivery).
It reduces the risk of rejection or delays due to improper wording or missing formalities.
It also handles revocation, updates, and oversight.
Frequently Asked Questions about Power of Attorney to be Used in Spain
Does granting a power of attorney mean I lose control of my affairs?
No — you retain full legal capacity, and the agent must act within the limits you set. You can revoke it.
Can I handle a property purchase in Spain without a POA?
Yes, but it often requires your presence at multiple steps. A POA enables your agent to do many things remotely.
How much does the Notary Public cost?
Notary fees for signing a Power of Attorney in our offices in London are £212 inc VAT, and courier costs are an additional £50 + VAT.
When does a POA expire?
It expires on its termination date, upon revocation, or by the death or loss of capacity of the grantor or agent.
Contact the Notary Public in London | Quick & Easy Notarisation
1 Paris Garden, London, SE1 8ND
Call for directions on: 020 7019 9007