What does it consist of?

A notarial power of attorney is a public document through which an individual or legal entity designates another as their legal representative, granting them the authority to act on their behalf in various legal or practical matters.

This resource is highly useful in different situations, especially for handling bureaucratic procedures in the business field.

When notaries prepare these documents, they ensure that the identity of the person granting the power, called the principal, as well as their intentions, are in compliance with the law. On the other hand, the designated legal representative or attorney must demonstrate their status by presenting a copy of the granted authorization.

Lastly, remember that powers of attorney for procedural representation before public administrations, as well as electoral powers and powers for specific actions, can be managed via videoconference.

Types of Notarial Powers

  • General Powers These documents grant a person all possible powers to manage the principal’s assets. However, due to the broad scope of these powers, there is an inherent risk.

  • Special Powers In this case, specific powers are granted to carry out one or more specific actions. The powers are limited, for example, to real estate transactions, inheritances, etc.

  • Powers for Litigation These powers allow a person to assign representation powers in court to their lawyers and solicitors.

  • Travel Authorizations These are used when minor children travel abroad without their parents or guardians. This document is required along with the minor’s ID or passport.

  • Preventive Powers in Case of Incapacity Powers are granted to another person to act in case the principal becomes incapacitated in the future, which is useful to prevent issues in old age.

  • Commercial Powers These are granted by a company through its administrator, allowing a person to perform business operations on behalf of the company.

  • Revocation of Power Allows the principal to revoke a previously granted power, preventing the attorney from continuing to use the revoked power.

  • Renunciation of Power This document allows an attorney to renounce a granted power, preventing future issues.

  • Sub-delegation of Power This is a deed in which an attorney transfers the powers they received in a power of attorney to another person.

  • Substitution of Power This is a deed in which an attorney transfers the powers they received in a power of attorney to another person, ceasing to use them themselves.

Required Documentation

  • General Powers:

    • National identity document (ID), Foreign Identification Number (NIE), passport, or residence card of the person granting the power.

    • Specific details of the person who will be granted the powers, including their identity document number.

  • Special Powers:

    • ID, NIE, passport, or residence card of the person granting the power.

    • Specific information about the person receiving the powers, including their identity document number.

  • Powers for Litigation:

    • Identity document of the interested party.

    • Specific details of the person to whom the powers will be granted, including their identity document number.

  • Travel Authorizations:

    • Identity document of the requester.

    • Specific details about the minor and the trip, including the minor’s identity document number.

  • Preventive Powers in Case of Incapacity:

    • ID, NIE, passport, or residence card of the interested party.

    • Detailed information about the person receiving the powers, including their identity document number.

  • Commercial Powers:

    • Documentary identification of the administrator(s) who will sign the power of attorney.

    • Authentic deed of the company granting the power and the deed establishing the administrator's position.

  • Revocation of Power:

    • Identification of the power to be revoked.

    • If the recipient of the power is absent, their identification and notification of the revocation are required.

  • Renunciation of Power:

    • Identity document of the attorney renouncing the power.

    • Identifying details of the power being renounced.

  • Sub-delegation of Power:

    • Identity document of the attorney granting the sub-power.

    • Identification of the power being sub-delegated.

  • Substitution of Power:

    • Identity document of the attorney granting the sub-power.

    • Identification of the power being sub-delegated.

In what situations can this service be used?

There are various situations in life where a person may need to delegate responsibilities. In such cases, the law provides us with a useful tool: notarial powers of attorney.

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