Choosing, limiting and revoking a Spanish power of attorney

Key rules

• No expiry: A Spanish power of attorney has no expiry unless the deed sets an end date, so it stays valid until you revoke it.
• Selling or mortgaging: A general power covers only day-to-day administration, so selling, mortgaging or donating needs express powers written into the deed.
• Revocation: Revoke by notarial deed, then notify the attorney and every bank, registry or gestor you have dealt with.
• Third parties: A third party who acted in good faith without knowing about your revocation is not bound by it.

You set the limits in the deed

The notary writes the power exactly as you ask, and banks and notaries apply it as written. If the attorney acts beyond those limits, the act does not bind you. So decide your limits before you sign.

A Spanish power of attorney has no expiry unless the deed sets an end date, so it stays valid until you revoke it. If you want it to stop on its own, say so in the deed.

Ways to limit it

• Scope. A special power covers named acts, such as selling one property. A general power covers day-to-day administration: collecting rents, paying bills, managing assets.
• Selling, mortgaging or donating. A general power does not cover these. They need express powers written into the deed, so the attorney can do them only if you list them.
• Amount. You can write in a cap per act or a minimum sale price.
• Time and conditions. You can set an end date, or make the power depend on a condition.
• Several attorneys. If you appoint them "mancomunadamente", all must sign together. If you appoint them "solidariamente" or "indistintamente", each can act alone. You can also mix the two.
• Control. The deed can require the attorney to report back to you or to get your consent first.

The main risks are abuse, an unauthorised sale or withdrawal, and a conflict of interest. The best protection is a person you trust, narrow powers and joint signatures. The decision block below helps you choose.

If you lose capacity

A power can be drafted to survive your incapacity. Ask the notary to state in the deed whether it does. If the deed is silent, do not assume it survives.

Revoking the power

You can revoke at any time. The exception is a power granted in the interest of the attorney or a third party, which is irrevocable. Do it in this order:

1. Sign a revocation deed before any Spanish notary. If you are abroad, sign it before a Spanish consul.
2. Ask the notary to send notice to the attorney. Also send your own provable notice, for example by burofax.
3. Ask the attorney to return the original copy of the power.
4. Give a copy of the revocation deed to each bank, registry or gestor you have dealt with.
5. If the power was registered for a company in the Registro Mercantil, register the revocation there too.

A bank or other third party who acted in good faith, without knowing about your revocation, is not bound by it. Until you notify them, they can still accept the attorney. Banks usually act only after written notice. The notary who issued the original deed records the revocation, and notaries check this when a power is used. That makes the notarial route the most reliable.

A later power for the same matter does not cancel the earlier one unless the attorney is notified. Revoke the old one expressly.

The power also ends if the attorney renounces it, if you or the attorney die, or if a fixed term expires. Incapacity ends it too, unless the deed says it survives.

Choosing between options

How should you limit the power you give your attorney?

• Special power for one named act: You need help with a single task, such as selling one property.

• General power for administration only: You need someone to collect rents, pay bills and manage assets day to day.

• Two attorneys who must sign together: The power is broad or the sums are large and you want a second pair of eyes on every act.

• Cap, end date or reporting duty: You want limits such as a maximum amount or minimum price per act, a fixed expiry date, or a duty to report back or ask your consent.

Give only the powers the task needs: the narrower the deed, the lower the risk, and acts beyond its limits do not bind you. If trust is lost, revoke by notarial deed.

Timeline and deadlines

• Decide any end date or condition and have it written into the deed: before you sign the power

• The power stays valid with no expiry if the deed sets no end date: from signing until you revoke it

• Sign the revocation deed before a Spanish notary, or a consul if you are abroad: as soon as you lose trust in the attorney

• Notify the attorney and each bank, registry or gestor you have dealt with, by burofax or by handing over the deed: right after signing the revocation

Checklist

• Ask the notary to write any end date or condition into the deed if you want the power to be time-limited.

Frequently asked questions

Can I make a power of attorney that still works if I lose capacity?

Yes, since a 2021 reform a Spanish power of attorney can be drafted so that it keeps working if you later become incapacitated. Ask the notary to write this into the deed. Without that wording, incapacity ends the power.

Can I require two attorneys to sign together?

Yes, you can name several attorneys and require that all of them sign together, which is called mancomunado. If each may act alone, the deed says solidario or indistinto. A mixed form is also possible, and this joint signature is one of the strongest protections against abuse.

Does a later power of attorney cancel the earlier one?

No, a new power for the same matter does not cancel the old one unless the first attorney is told about it. Revoke the old one expressly and notify that attorney in a provable way.

Is a bank bound by my revocation as soon as I sign it?

No, a bank that acted in good faith without knowing about the revocation is not bound by it. Send the bank a copy of the revocation deed by burofax, a provable postal notice, because banks act only after written notice.