A common question asked by Argentines living in Spain is how to grant a power of attorney to a friend or relative in Argentina. You can make a broad general power of attorney or a special power of attorney. In the first case, the proxy relative or friend will have full capacity to act on your behalf. In the second case, it is specified what can be done. For example, a special power of attorney can be only to sign the sale of a vehicle.
Therefore, the first step before granting a power of attorney is to define what you want to do with it.
What is a power of attorney and what is it for?
A power of attorney is a legal document signed before a notary in which one person (the grantor) authorizes another (the attorney-in-fact) to act on his or her behalf in certain matters. They are widely used in international transactions when the grantor cannot physically travel.
There are several types:
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General power of attorney: grants broad powers to perform all types of legal and administrative acts.
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Special power of attorney: is limited to a specific matter, such as selling a house or signing a specific contract.
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Preventive power: intended for situations in which the grantor cannot decide for himself in the future.
Requirements for granting a power of attorney in Spain
To make a power of attorney in Spain valid in Argentina, you will normally need:
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Current identity document of the grantor: it can be the Argentine passport, NIE (Foreigner's Identity Number), or Spanish DNI if you have already been naturalized. If you also have an Italian passport, it is also convenient to mention it in the power of attorney.
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Complete data of the attorney-in-fact: name, identity document and address.
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Clear description of the powers: the more precise they are, the fewer problems there will be in Argentina when it comes to using the power.
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In some cases: details of the property or matter for which the power of attorney is granted (e.g., registration details of a property).
Step by step: how power is made
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Drafting of the document: it can be prepared with the help of a lawyer to ensure that it meets Argentina's requirements.
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Signature before a notary in Spain: the grantor must appear in person with his/her identification. The day and time of signing must be previously agreed with the notary office.
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Apostille of the authorized copy: the power of attorney -the official document with the seal and signature of the notary- must have the Hague Apostille for it to be valid in Argentina. This procedure is carried out at the College of Notaries of your region, and it is done by the law firm you have hired.
- Pick up of the power of attorney: once the power of attorney has been apostilled, you pick it up at the office or notary's office.
- Power shipment to your country.
What is the Hague Apostille?
In order for the power of attorney to be valid in Argentina, the power of attorney must apostille.
The Hague Apostille is a stamp that is affixed to a document, in this case the power of attorney. It simplifies legalization and is valid in all Hague Convention signatory countries, which are the vast majority of countries in the world.
How to send the power of attorney abroad
Once the power of attorney is apostilled, the only thing left to do is to send it to Argentina. There is no need to do any extra paperwork at an Argentine consulate in Spain.
Recommendations:
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Send it by secure international courier (DHL, FedEx, UPS, etc.).
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Always keep a scanned copy.
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Delivery times usually vary from 3 to 10 days, depending on the destination.
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Avoid sending by regular mail to avoid losses.
Tips to avoid legal problems
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Verify that the document includes all information required in Argentina.
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Avoid ambiguous formulas; specify the powers well.
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Check that the translation (if required) is official and sworn.
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It is always advisable to have an attorney review the draft before signing.
How can MBT Abogados help you?
At MBT Abogadosspecializing in international law and advisory services for Argentine and Latin American clients, we offer a comprehensive service that includes:
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Drafting and review of the power of attorney according to the laws of your country.
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Coordination with notaries throughout Spain.
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Processing of the Hague Apostille or consular legalization.
If you need to grant a power of attorney in Spain and make sure it is fully valid in Argentina, we can help you every step of the way to make the process fast, safe and hassle-free.
In MBT Abogados we offer you the service of integral management of the power of attorney. Our fees are 470 for a special power of attorney and 650 for a general power of attorney. This fee includes the preparation of the power of attorney, the signature in a notary's office and the Hague Apostille.
The execution of the power of attorney takes between 5 and 7 working days, from the moment we receive the order to the moment it is available for pick up at our office.
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Frequently Asked Questions (FAQs) / Power of Attorney
- Can I make a power of attorney in Spain if I live in Argentina?
Yes, you can make a power of attorney in Spain even if you are temporarily in the country. You only need to be in person and sign the document before a notary with your passport. - How to legalize a Spanish Power of Attorney for Argentina?
The Hague Apostille must be affixed. - What information must a Spanish power of attorney include in order to be valid abroad?
It must include your personal data, those of the attorney-in-fact, the powers you grant and the signature before a notary, in addition to the corresponding apostille or legalization. - Does a Spanish power of attorney expire?
In general, it does not expire, unless a specific term is indicated or you revoke it before a notary. - Can I grant a power of attorney to sell a house in Argentina?
Yes, just make sure that the faculties are clearly specified and comply with your country's legislation. - Can I revoke a power of attorney made in Spain if it is already in my country?
Yes, you can do this at any time before a notary in Spain or Argentina, but it is advisable to notify the attorney-in-fact and the corresponding authorities. -
Can I include more than one person as proxy in the same document?
Yes, it is possible to appoint one or more proxies, either to act together or separately. -
What is the difference between a general power of attorney and a special power of attorney?
The general power of attorney grants broad powers for multiple actions, while the special power of attorney is limited to a specific act, such as selling a property or representing in a lawsuit.
