Powers of attorney in Spain
What is a power of attorney and what is it for?
A power of attorney in Moraira Spain is a public document authorised by a notary that allows a person to appoint another person as his or her representative, so that he or she can act on his or her behalf in certain legal acts. In order for such acts to be effective, the representative must prove that he/she is the attorney-in-fact by showing the authorised copy of the power of attorney given to him/her by the person giving the power of attorney.
Who can grant a power of attorney in Moraira Spain?
Any person of full legal age and of sound mind. You only need to go to the chosen Spanish notary with your NIE number.
How many types of power of attorney are there in Moraira Spain?
- General powers of attorney: The principal grants powers to the representative to act in all or some areas, in general, which must be specified in the power of attorney.
The most Spanish common powers of attorney are:
- General power of attorney, whereby the attorney-in-fact is granted broad powers, including powers of disposal over the entire estate, including the purchase and sale of real estate and the mortgage of the same.
- Power of attorney for lawsuits, when a solicitor or lawyer is empowered to appear in a lawsuit on behalf of another person.
- Power of attorney to administer property, which allows the attorney-in-fact to manage the assets of the principal, but normally excludes acts of disposition, such as purchase and sale or mortgage.
- Special powers of attorney: The attorney-in-fact is empowered for a specific type of legal act to which the action relates (purchase and sale of an asset, acceptance of an inheritance, making a transfer, collection, contracting a marriage, etc. ....).
In reality, there are as many types of Spanish powers of attorney as there are legal acts or businesses that admit the figure of representation, although there are situations in which such representation is not admissible, such as, for example, to make a will (except in exceptional cases permitted by some provincial legislations). All of them require specialised drafting and treatment in accordance with the law. It is therefore advisable to explain to the notary why and for what purpose you wish to make a power of attorney. The notary will give impartial advice on what best suits the needs of the person wishing to grant it, always in accordance with the law.
Can a power of attorney be cancelled in Moraira Spain?
Yes, the person who has granted a power of attorney in Moraira Spain can cancel or revoke it at any time and before any of the almost 3,000 notaries throughout the country.
How much does a power of attorney cost in Moraira Spain?
It can range from 25 euros for a power of attorney for litigation to 50 euros for a general power of attorney in Moraira Spain.
Do Spanish powers of attorney have international recognition?
Spanish powers of attorney have international recognition if they are complemented by an administrative requirement called "legalisation" or apostille. An apostille is an annotation on the notarial public document that certifies the authenticity of public documents issued in another country. Specifically, the so-called Hague Apostille allows the legal effectiveness of a power of attorney to be recognised between signatory countries of the Hague Convention, which are now practically all the countries in the world.
Can powers of attorney be sent between Spanish notaries?
Yes, the electronic notarial signature allows all notaries to send authorised copies of powers of attorney to each other immediately and securely by electronic means, without the need to send paper copies. This saves time and costs, and avoids the risk of possible misplacement.