If you live in Spain and need to grant a power of attorney to be used abroad, it is essential to know the steps and requirements for the document to be fully valid in your country. This procedure allows you to authorize another person to act on your behalf in legal, banking or administrative transactions, even thousands of miles away. In this article we explain clearly how to prepare, sign and legalize a power of attorney in Spain so that it can be officially recognized in any country, avoiding delays and legal problems.
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:
-
General power of attorney: grants broad powers to perform all types of legal and administrative acts.
-
Special power of attorney: is limited to a specific matter, such as selling a house or signing a specific contract.
-
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 your country, you will normally need:
-
Valid identity document of the grantor: it can be the passport of your country of origin, NIE (Número de Identidad de Extranjero), or Spanish DNI if you have already been naturalized.
-
Complete data of the attorney-in-fact: name, identity document and address.
-
Clear description of the faculties: the more precise they are, the fewer problems there will be in your country of destination.
-
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
-
Drafting of the document: it can be prepared with the help of a lawyer to ensure that it meets the requirements of your country.
-
Signature before a notary in Spain: the grantor must appear in person with his/her identification. The day and time of signing must be agreed in advance with the notary's office.
-
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 affixed to it in order for it to be valid abroad. 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 abroad, the power of attorney must legalize or apostille according to the country of destination.
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, it only remains to send it to your country. There is no need to do any extra paperwork at a consulate in Spain.
Recommendations:
-
Send it by secure international courier (DHL, FedEx, UPS, etc.).
-
Always keep a scanned copy.
-
Delivery times usually vary from 3 to 10 days, depending on the destination.
-
Avoid sending by regular mail to avoid losses.
Tips to avoid legal problems
-
Verify that the document includes all the information required in your country.
-
Avoid ambiguous formulas; specify the powers well.
-
Check that the translation (if required) is official and sworn.
-
It is always advisable to have an attorney review the draft before signing.
How can MBT Abogados help you?
At MBT Abogadosspecialized in international law and advice to foreigners, we offer a comprehensive service that includes:
-
Drafting and review of the power of attorney according to the laws of your country.
-
Coordination with notaries throughout Spain.
-
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 your country, we can help you every step of the way to make the process fast, secure 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 processing of the power of attorney takes between 5 and 7 business days, from the moment we receive the order until it is available for collection.
We are a law firm specialized in services for Latin American citizens. Our headquarters are in Barcelona and we also offer video conference appointments. You can contact us by email or Whatsapp.
———————————————————-
Frequently Asked Questions (FAQs) / Power of Attorney
- Can I make a Power of Attorney in Spain if I live in Latin America or the USA?
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 my country?
If your country belongs to the Hague Convention, you must apostille it. If not, you will have to legalize it at the Ministry of Foreign Affairs and at your consulate. The vast majority of Latin American countries belong to the Hague Convention. - 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 my country?
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 in your country, 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.
