If you live abroad, cannot always be in Spain when something needs signing, or simply want someone you trust to be able to act for you here, a notarial power of attorney is the tool that makes this possible. It lets another person represent you and act on your behalf for legal matters in Spain, without you needing to be physically present each time.

A notarial power is a public document signed before a notary. The person granting the power is called the grantor, and the person appointed to act on their behalf is called the attorney-in-fact. Most powers are granted for an indefinite period, though you can set a time limit if you prefer.

Types of power you can grant

There are two main kinds:

  • General powers: these let your attorney-in-fact handle a wide range of matters for you. A common version is a general power of administration, which allows broad, ongoing management of your assets and estate.
  • Specific powers: these are limited to a particular task, such as representing you in one property transaction or accepting an inheritance on your behalf.

Cancelling a power (revocation)

If you ever want to cancel a power you have granted, this is called revocation. It is done through a notarized deed and it makes the power void, so your attorney-in-fact can no longer act for you.

To revoke a power before a notary, you need either the authorized copy of the original power or enough detail to identify it, such as the date it was granted and the notary who issued it.

Revocation is normally formalized straight away through a public deed. If that is not immediately possible, you can still notify your attorney-in-fact of the revocation through a legally valid channel and ask them to return the authorized copy of the power.

A few practical points worth knowing:

  • Almost any type of power can be revoked. The only exceptions are certain special, time-limited powers where irrevocability was specifically agreed in advance.
  • You, as the grantor, can revoke a power at any time.
  • The cost of the revocation deed depends on the notary's fees, which take into account things like the number of pages and copies involved.
  • You do not need to go back to the original notary. Revocation can be handled before any notary, as long as you bring the copy or the relevant details of the power.

Once a power is revoked, the notary informs the attorney-in-fact and asks them to return the authorized copy, so it cannot be used again. If the power was being used to represent you before specific people or organizations, those parties also need to be told about the revocation.

Only the grantor can normally obtain copies of the power, unless stated otherwise. If someone continues to use a power after it has been revoked, they can be held liable for any damage caused, and any legal act carried out using the revoked power may be considered invalid.