Giving someone legal authority to act for you (poder)

Terms used

• Poder — The poder is a power of attorney: a document that lets another person act for you legally.
• Procurador — The procurador is the court agent who formally represents you before the court, while your lawyer defends you.
• Poder general para pleitos — The poder general para pleitos is the usual power of attorney for lawsuits, covering all stages of a case in general terms.
• Poder especial — The poder especial is a power of attorney with express authority for acts such as settling, waiving the claim or arbitration.
• Apostille — The apostille is a stamp that makes a foreign public document valid in countries of the 1961 Hague Convention.
• Traductor jurado — The traductor jurado is a sworn translator whose translation is accepted by Spanish authorities.

Key rules

• Court poder: For a lawsuit you normally give a poder general para pleitos, and a poder especial if the procurador must settle, waive the claim or go to arbitration.
• Consulate: A poder signed at a Spanish consulate is valid in Spain without an apostille.
• Local notary abroad: A poder signed before a local notary needs an apostille or consular legalisation, plus a sworn translation if it is not in Spanish.
• Receiving body: A Spanish notary or the Land Registry can ask for a recent poder or specific wording, so ask before you sign.

Which poder you need for court

In a Spanish lawsuit, a procurador represents you before the court and a lawyer defends you. You give the procurador a poder. In most ordinary civil cases you must have a procurador. Small claims are the exception.

The usual document is a poder general para pleitos. It covers all stages of the case in general terms.

Some acts need express authority. These are settling, waiving the claim and submitting to arbitration. For these you need a poder especial. Ask your procurador or the court which form your case needs before you sign.

How to grant it

You have three ways to grant a court poder:

• Notarial deed (escritura pública). This is the most common route for people abroad.
• In front of the court clerk. This is called apud acta. You can do it in person or electronically.
• The Ministry of Justice's electronic registry of court powers. You use an electronic certificate or other ID.

Signing from abroad

You have two options.

At a Spanish consulate. The consul acts as a notary. The poder is valid in Spain as a public deed, with no apostille. Book an appointment and bring your ID.

Before a local notary in the country where you live. The poder then needs an apostille if the country is part of the 1961 Hague Convention. If it is not, you need consular legalisation.

If the poder is not in Spanish, you also need a sworn translation by a traductor jurado.

Other legal matters

The same routes work for a poder to a relative or other person, for example to sell property. The wording must be specific and clear enough for Spanish use. Name the exact acts, such as selling a property or acting in court.

A Spanish notary or the Land Registry may ask for a recent poder or for specific wording. They can reject a poder signed abroad that does not meet Spanish standards. Ask the body that will receive it what it needs before you sign.

The documents and checklist below list what to bring and the order to do things in.

Documents you need

• A poder general para pleitos, or a poder especial if the procurador must settle, waive the claim or submit to arbitration, granted by notarial deed, before the court clerk or through the electronic registry of court powers.

• Your valid ID, or an electronic certificate if you grant the poder electronically.

• If you sign at a Spanish consulate: the poder issued by the consul, valid in Spain as a public deed with no apostille.

• If you sign before a local notary abroad: the poder with an apostille when the country is part of the 1961 Hague Convention, or with consular legalisation when it is not.

• If the poder is not in Spanish: a sworn translation into Spanish by a traductor jurado.

Checklist

• Ask your procurador or the court which form of poder your proceeding needs.

• Check whether your case may need a poder especial for settling, waiving the claim or arbitration.

• Choose how to grant it: notarial deed, before the court clerk, or through the electronic registry of court powers.

• Book an appointment at a Spanish consulate if you are abroad and want a poder valid with no apostille.

• Get the apostille or consular legalisation if you sign before a local notary abroad.

• Order a sworn translation into Spanish if the poder is not in Spanish.

• Ask the Spanish notary, registrar or receiving body whether they need a recent poder or specific wording before you sign.

Frequently asked questions

Which kind of poder lets a procurador settle or drop my court case?

Only a special power (poder especial) with express authority lets a procurador settle, waive the claim or submit to arbitration. The general power for lawsuits (poder general para pleitos) covers the ordinary stages of the case but not these acts. Ask your lawyer to check which acts your case may need before you sign.

Can I give a court poder without going to a notary?

Yes, you can give a court poder without a notary, by appearing before the court clerk (apud acta) or through the Ministry of Justice's electronic registry of court powers. Both can be done in person or electronically, and the electronic route needs an electronic certificate or other ID. The notarial deed is still the most common route for people abroad.

Do I need an apostille if I sign my poder at a Spanish consulate?

No, a poder signed at a Spanish consulate needs no apostille, because the consul acts as a notary and the document is valid in Spain as a public deed. You usually need an appointment and your ID. If you sign before a local notary instead, you need the apostille or legalisation.

Can a Spanish notary or the Land Registry refuse a poder signed abroad?

Yes, a notary or registrar can reject a foreign poder if it does not meet Spanish standards, for example if the powers are vague or the document is not recent. Some bodies ask for specific wording.