Power of Attorney (PoA) in Spain: Stay in Control While Living Abroad

Avoid giving a blanket authority at all costs! Below a list of example types of Power of Attorney with examples:

Since 2023, Spanish law allow digital notarization under certain conditions. Law 11/2023↗ allows some notarial procedures to occur via video call, provided you are in Spain and hold a valid Spanish digital certificate (e.g., FNMT, DNIe). Follow this information on how to get the digital certificate in Spain↗.

The Portal Notarial del Ciudadano↗ supports identity verification and electronic signing. While many daily tasks qualify for remote handling, property or inheritance registration often still require in-person signatures.

If in Spain:

1. Decide which actions to delegate.
2. Choose a trusted representative.
3. Sign before a notary (in person or via video).
4. Get certified copies.
5. Register with relevant authorities.

If abroad:

1. Draft a bilingual document with clear powers.
2. Sign before a notary near you or the Spanish consulate.
3. Legalize the document with an apostille or consular seal.
4. If the document is not in Spanish, translate it into Spanish by a sworn translator
5. Send the original document via post to your trusted agent in Spain for registration.

Registering your PoA in Spain's electronic systems simplifies the process so that your agent does not have to re-submit the original documents.

• Agencia Tributaria Registry↗: You can register powers for tax submissions and notifications using classifications like GENERALNOT.
• DEHú Notifications↗: Authorize your agent to receive official communications electronically on your behalf.
• REA (Registro Electrónico de Apoderamientos)↗: A national registry for administrative powers before ministries and public bodies.
• Apodera Platform↗: Assign or revoke administrative representation via the government portal.

These registries remove friction and speed agent action at tight deadlines.

When you can’t attend in person, Your representative can file, sign, collect, or communicate with Extranjería if powers include those duties.

Some immigration offices may insist on bastanteo de poderes (proof your agent’s authority). Hence, use precise wording in the document to avoid rejection.

Example: Lucas, living abroad, gave limited Power of Attorney to his Madrid lawyer for TIE renewal. The lawyer completed the process without Lucas having to return.

You should know common pitfalls and risks of Power of Attorneys (PoAs):

• Excessively broad powers: A general or “universal” PoA gives your agent too much room to act beyond your intention. Avoid it, unless really necessary.
• Abuse or misuse: The agent should handle your activities with care and must account for actions they perform on your behalf. In case of fraud or misuse, you can legally challenge the PoA.
• Falsified documents: Some fraudulent real estate sales have been executed using forged PoAs, causing huge losses.
• Agent substitution: Some PoAs allow your agent to appoint another person unless you explicitly forbid it, which may lead to unwanted delegation.
• Authority beyond capacity: If you lack mental capacity at signing, courts might invalidate the PoA.
• Registry rejection: Administrative and government bodies might reject powers if the document uses vague language, is missing notarization or lacks bastanteo de poderes.
• Language & translation errors: Poor translations or misalignment with Spanish law may lead to rejection.
• Expiry or revocation oversight: A power not revoked when no longer needed can continue giving authority unnecessarily, make sure to revoke it once completed.

Power of Attorney stays valid until revoked, fulfilled, or expired by date. It also ends automatically at death or loss of capacity, unless it’s a Preventive Power.

You can now revoke a PoA online or in person:

Online revocation

• Portal Notarial del Ciudadano↗: Log in with your digital certificate and request Revocación. The notary confirms and issues a digital revocation deed.
• Tax Agency↗ or Apodera↗: Access the registry where your PoA is recorded and select "Revocación de poder". The change takes effect immediately.

In person at a notary

If your PoA was issued on paper, visit any Spanish notary and sign a Revocation Deed (escritura de revocación). Bring Passport or NIE and details of the original PoA.

Always notify your representative and any institutions where the PoA was registered to prevent future use.

Digital Nomads

You often move across borders and rely on remote interactions. Your PoA should include access to administrative portals, online submissions, and electronic notifications (DEHú). Register it in the Spanish Tax Agency’s registry so your agent can handle tax and compliance tasks seamlessly.

Retirees

You should plan for possible declines in capacity. A Preventive PoA ensures your agent’s authority remains intact if you lose capacity. Include permissions for healthcare, banking and property management. Review it periodically to keep it updated.

Property Investors

Delegate powers to sign deeds, register titles, pay property tax (Impuesto sobre Bienes Inmuebles or IBI), and manage utilities. Add a bastanteo de poderes clause (proof of authority) to facilitate acceptance by registries and notaries. Be especially cautious about agent substitution or delegation clauses, some notaries allow your agent to appoint a substitute if not forbidden, which may be undesirable.

Families / Heirs

Delegate responsibilities for inheritance declarations, tax filings and asset transfer. Choose a representative with integrity and legal competence to minimize family disputes.