Power of Attorney in Spain: What Non-Residents Need to Know

What Is a Poder Notarial?

A poder notarial is the Spanish term for a notarially authenticated power of attorney. It gives another person — the apoderado (attorney-in-fact) — the legal authority to act on your behalf in specific or general matters. In Spain, it must either be:

• Executed before a Spanish notary in Spain, or
• Executed before a notary in your home country, then apostilled and translated into Spanish

For non-residents, the second route is by far the most practical.

When Non-Residents Typically Need One

A poder notarial is not always required — but it becomes essential whenever you cannot be physically present in Spain for a transaction or procedure:

• Property purchase — the escritura de compraventa must be signed before a Spanish notary; a POA allows your lawyer to sign on your behalf
• Property sale — same requirement; particularly useful if you are abroad when a buyer is ready to complete
• Inheritance — heirs who cannot travel to Spain for the notarial deed of acceptance can grant a POA to a Spanish lawyer
• Inheritance tax filing — your gestoría can file Modelo 650 and pay on your behalf
• NIE application — a POA can allow someone to collect your NIE certificate on your behalf (though the initial application usually requires your presence)
• Opening a Spanish bank account — some banks accept account management under POA
• Representing you at community of owners meetings — useful if you cannot attend in person

General vs Specific Power of Attorney

A general POA is convenient if you regularly need someone to act for you in Spain — for example, a property manager filing annual taxes and representing you at community meetings. A specific POA is preferable if you want to limit the attorney's authority to a single transaction.

How to Get a Spanish Power of Attorney from Outside Spain

Step 1: Instruct your Spanish lawyer

Ask your Spanish abogado or gestoría what the POA needs to say. For specific transactions, they will often provide a draft in Spanish that you take to your local notary.

Step 2: Visit a notary in your home country

Take the Spanish draft and your passport to a notary in your home country. The notary authenticates your identity and witnesses your signature. In the UK, a notary public (not a solicitor) is required. In Germany, a Notar handles this.

Step 3: Apostille the document

The notarised document must be apostilled to be valid in Spain:

• UK: Foreign, Commonwealth & Development Office (FCDO) — apply online at gov.uk
• Germany: The relevant Oberlandesgericht or Regierungspräsidium depending on the state
• Netherlands: The relevant rechtbank (district court)

Step 4: Sworn translation into Spanish

A traductor jurado (sworn translator) must translate the full document into Spanish. Your Spanish lawyer can usually recommend one.

Step 5: Send to your Spanish representative

Once apostilled and translated, the original documents are sent to your Spanish lawyer or gestoría, who can then act on your behalf.

Typical Costs and Timescales

Revoking a Power of Attorney

A poder notarial can be revoked at any time by signing a revocación de poder before a notary. If the original POA was used in Spain, the revocation should be registered with the Spanish notary who holds the original records, and the attorney-in-fact should be formally notified. Until revoked, the attorney can act on your behalf.