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Power of attorney in Spain

Power of attorney in Spain A power of attorney will allow someone to act on your behalf in Spain.

Having a power of attorney can be especially useful if you're still living outside Spain during the property purchase process.

How does power of attorney work in Spain?

Just as in the UK, you can authorise someone (normally your lawyer) to act on your behalf with regard to your legal matters in Spain. To do this, you'll need a power of attorney, which is a document that's signed in front of a notary that gives someone the power to act on your behalf. A power of attorney can be general or limited to one specific function (e.g. signing the deeds to your property on your behalf).

Why do you need a power of attorney in Spain?

It's often wise to obtain a power of attorney (generally a lawyer) during the house buying process, because travelling back and forth to Spain to sign documents during the buying process can be inconvenient (and expensive!) and could result in you missing an important deadline if there are travel disruptions, you have health issues or other commitments.

A qualified Spanish lawyer will be able to help you set up a power of attorney, and will advise the best type for you. 

Can a UK power of attorney be used in Spain?

Power of attorney (POA) granted in the UK cannot be automatically used in Spain. Each country has its own laws and requirements regarding powers of attorney, and they are not universally recognized across borders. But if you do have a UK power of attorney and you want it to be valid in Spain, you will need to follow the appropriate procedures to have it recognized and accepted under Spanish law – an apostille and stamp from sworn translator to confirm it is a valid translation.

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FAQs: Power of attorney in Spain

What is a power of attorney in Spain?

A power of attorney (Poder Notarial) is a legal document that allows someone else - typically a lawyer or trusted advisor - to act on your behalf in Spain. It can cover specific actions, like signing a property deed, or broader tasks like handling banking and taxes. This is particularly useful if you’re buying or selling property and can’t be in Spain in person for key appointments.

Can I use a UK power of attorney in Spain?

A UK-issued power of attorney is not automatically valid in Spain. To be recognised, it must be notarised in the UK and legalised with an apostille under the Hague Convention. In many cases, it also needs to be officially translated into Spanish. It’s usually more efficient to grant a Spanish-format power of attorney, either while in Spain or through a Spanish consulate abroad.

Do I need a power of attorney to buy or sell property in Spain?

It’s not mandatory, but many international buyers and sellers use a power of attorney to simplify the process. Your appointed representative - usually your lawyer - can sign the preliminary contract, final deed, open a bank account, pay taxes, and handle utility transfers without needing your physical presence in Spain.

How do I grant power of attorney in Spain?

You can grant power of attorney at a Spanish notary office or at a Spanish consulate abroad. The document must clearly outline the powers being granted and who the attorney is. If signing in the UK, you’ll need a notary public, an apostille from the Foreign, Commonwealth & Development Office (FCDO), and sometimes a certified translation into Spanish.

Can I cancel a power of attorney in Spain?

Yes, you can revoke a power of attorney at any time by signing a revocation document (revocación de poder) with a notary. You should also inform the attorney in writing and notify any institutions that may have received the original document. If you're using a general power of attorney, it's wise to review its scope periodically.

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