Notarial powers

A power of attorney is a public document authorized by a notary that allows a person or company to designate another as their representative to act on their behalf in certain legal acts, so that the representative must prove their status as attorney by showing the authorized copy of the power of attorney.

The principal is, in principle, free to revoke the power of attorney at any time by requesting the return of the certified copy from the representative. It is also advisable to execute a deed of revocation and notify the representative of the revocation through a notary, who does not necessarily have to be the same notary who initially granted the power of attorney.

The electronic signature recognized between notaries allows for the immediate electronic transmission of authorized copies of powers of attorney between different notaries without the need to send the authorized copy on paper, thus saving valuable time in the execution of the deed in which the attorney will participate.

Spanish powers of attorney are internationally recognized. The Hague Apostille allows for the legal validity of a power of attorney to be recognized between countries that are signatories to the Hague Convention (currently, very few countries have not joined this treaty). The apostille consists of an annotation on the notarial document that certifies the authenticity of public documents issued in another country.

Types of powers

There are different types of powers of attorney, each requiring a personalized drafting and handling process. Consult Vives Pons lawyers and accountants for advice on which one best suits your needs.

In some cases, the aim is to delegate the greatest possible number of powers to the representative, including in the power of attorney a very broad range of acts that the representative may perform on behalf of the principal; in these cases, it is referred to as a general power of attorney. But in reality, there are as many ways to structure a power of attorney as there are acts or transactions that allow for representation. Thus, we can mention the power of attorney for litigation (which authorizes a lawyer to appear in court on behalf of someone), the power of attorney to contract marriage (if the spouses reside in different places), and, in general, any other power of attorney related to acts that allow for representation.