Giving someone in Spain a power of attorney (poder notarial)

Terms used

• Poder notarial — The poder notarial is a deed signed before a notary that authorises another person to act for you.
• Poder especial — The poder especial is a power of attorney limited to named acts, such as selling one property.
• NIE — The NIE is the identification number Spain gives to foreigners for tax, property and official procedures.
• Copia autorizada — The copia autorizada is the official copy of the signed deed, issued by the notary, which your attorney uses.
• Apostille — An apostille is an international certificate that makes a foreign public document valid in Spain.

Key rules

• General power: A general power covers only day-to-day administration, so selling, mortgaging or donating needs express powers written into the deed.
• Bank wording: Ask the bank's legal department what wording it expects before the notary drafts the text.
• Foreign power: A power signed abroad generally needs an apostille and a sworn translation into Spanish.
• Authorised copy: Your attorney must show the authorised copy, not a photocopy, and banks may want a recent one.

What a poder notarial is

A poder notarial is a document signed before a notary that lets another person (your attorney) act for you. You need one if you cannot attend a bank, an office or a property signing yourself. The wording decides what your attorney can actually do, so write it for the specific tasks.

General or special: pick by task

A general power covers day-to-day administration. A special power (poder especial) covers named acts, such as selling one flat or opening a bank account. Selling, mortgaging or donating needs express powers written into the deed, so a general power alone will not do. The decision box below helps you choose.

For most newcomers, a special power listing the exact tasks is the safest choice. Banks and registries tend to reject vague wording.

Wording by purpose

NIE, tax and social security. Name your attorney and list express powers. These include applying for and collecting the NIE and its certificates, filing and signing tax returns, receiving notifications, paying taxes, requesting refunds, and dealing with the Seguridad Social, including affiliation. A common formula is to represent you before any state, regional or local administration and public body. For some procedures, offices also accept a simple private authorisation or a registered representation. Check with the office first, because some require their own form or wording.

Bank. Add express powers to open, operate and cancel accounts, make deposits and withdrawals, sign transfers, and manage cards, safe deposit boxes and investments. Many banks insist on their own form or on review by their legal department. Ask the branch what it expects before the text is drafted, not after you sign.

Buying or selling property. The power must be a notarial deed with express powers to buy or sell, set the price and terms, receive or pay the price, and sign the deed and related documents. Often you also add powers to obtain a mortgage, open accounts and pay taxes. Identify yourself and your attorney by name, nationality, address, ID or passport number and NIE. For a sale, give the property's address and registry data, or make the power clear enough. The notary must certify that the power is sufficient, and the registrar checks it too. If one person will act for both buyer and seller, that needs express authorisation in the deed.

How to grant one in Spain

1. Decide what your attorney must do and list those powers.
2. Choose a notary and book an appointment.
3. The notary or you prepare the draft text (minuta). Send it to the bank or office to check if they have wording requirements.
4. Bring your ID or passport, your NIE and your attorney's details.
5. The notary checks your identity and capacity and reads the text to you. Bring an interpreter if you do not understand Spanish.
6. Sign the deed before the notary and pay the fee. It is set by an official tariff and is modest for powers.
7. Collect the authorised copy (copia autorizada). The original stays with the notary.

Your attorney needs the authorised copy. If it is lost, ask the notary for another. Banks may want a recent copy, so an old one may be refused.

Signing abroad

A power signed outside Spain generally needs an apostille and a sworn translation into Spanish. Banks may still refuse a foreign-language power, so signing in Spain is often simpler if you are able to travel.

Other types

Powers for lawsuits go to lawyers and court representatives. Preventive powers can continue if you later lose capacity. Ask the notary if either applies to you.

Rules can differ in regions with their own civil law, such as Catalonia. The documents list, checklist, warnings and FAQ below cover the practical details.

Choosing between a general and a special power of attorney

General or special power of attorney

Should you give a general or a special power of attorney?

• Special power (poder especial): You need one defined task done, such as selling one property, applying for a NIE or running a bank operation. It limits your risk and banks, registries and agencies accept it more readily.

• General power (poder general): You will be away for a long time or need someone to manage your affairs on an ongoing basis, and you fully trust the person. It carries more risk because the attorney gets broad control.

Choose a special power for each major act. Choose a general power only for long absences or ongoing management, and only with someone you trust. Think about how many tasks there are, how long they will take, how much money or property is exposed, and whether you could revoke the power quickly. A general power covers only day-to-day administration, so selling, mortgaging or donating needs express powers written into the deed. For bank accounts, ask the bank first: general wording without express bank powers is often rejected, and many banks want their own form or an up-to-date notarial power.

Documents you need

• Your passport or ID and your NIE (foreigner's number), as the person granting the power.

• The attorney's details: name, nationality, address, and ID or passport number and NIE for property purchases.

• The authorised copy (copia autorizada) of the signed deed, issued by the notary. This is what your attorney shows to banks, registries and offices.

• For a property sale, the property's address and registry data, unless the power is otherwise clear enough.

• If the power was signed abroad, an apostille on the foreign power.

• If the power was signed abroad, a sworn translation of it into Spanish.

Checklist

• Decide which acts your attorney needs to do and list those powers.

• Ask the bank's legal department or the office what wording it expects before the text is drafted.

• Name the attorney and write express powers for each task, such as applying for the NIE, filing tax returns or dealing with the Seguridad Social.

• Add express powers to open, operate and cancel accounts if the attorney will use your bank.

• Ask for an interpreter if you do not understand Spanish.

• Read the text the notary reads to you, then sign the deed before the notary.

• Pay the notary's fee and collect the authorised copy.

What to watch out for

• Bank refuses a general power: A power with only general wording often gets rejected because it lacks express bank powers. Your attorney then cannot use your accounts. Ask the branch's legal department for its wording or form, and write express account powers into the deed.

• Foreign power not accepted: A foreign power without an apostille or sworn translation is a common reason for rejection, and some banks refuse a foreign-language power. Add the apostille and a sworn translation, or sign a new power before a Spanish notary.

• Old copy or missing ID: Banks may reject an old power or one where ID or NIE details are missing. Ask the notary for a recent authorised copy and make sure the ID and NIE details are in the deed.

Frequently asked questions

Can my attorney use the power at my bank?

Not always, because many banks insist on their own power-of-attorney form or a review by their legal department. Ask the branch before you sign, so the deed has the bank powers written in.

Does a foreign power of attorney work in Spain?

Yes, a foreign power can be used in Spain, but it generally needs an apostille and a sworn translation. Banks may still refuse one written in a foreign language, so signing before a Spanish notary is often simpler.

Can my attorney sign for both the buyer and the seller?

Only if the deed expressly allows it. Acting for both sides is called self-dealing, and the notary will not accept it without that authorisation.

What if I do not speak Spanish when I sign the power of attorney?

You need an interpreter at the notary if you do not understand Spanish. The notary reads the text to you before you sign, so you know what you are granting.

Can I get another copy of the power of attorney later?

Yes, you can ask the notary for additional authorised copies later. The original stays in the notary's records, and you only receive a copy.