What Does It Consist Of?

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

This tool is very useful in different situations in life, especially to handle bureaucratic procedures in the business sector.

Notaries, when drafting these documents, ensure that the identity of the grantor of 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-in-fact must prove their status by presenting a copy of the granted authorization.

Finally, remember that powers of attorney for legal representation before public administrations, as well as electoral powers and powers for specific acts, can be managed via videoconference.

Types of Notarial Powers of Attorney

  • General Powers of Attorney
    These documents grant a person all possible powers to manage the grantor's estate. However, due to the broad nature of these powers, there is an inherent risk.

  • Special Powers of Attorney
    In this case, specific powers are granted for performing one or more specific acts. The powers are limited to particular tasks, such as buying and selling, inheritances, and others.

  • Powers of Attorney for Litigation
    These allow a person to grant powers of representation in court to their lawyers and legal representatives.

  • Travel Authorizations
    These are used when minor children travel abroad without their parents or legal guardians, requiring this document along with the child’s ID or passport.

  • Preventive Powers of Attorney in Case of Incapacity
    These grant powers to another person to act if the grantor becomes incapacitated in the future, which is useful to prevent issues in old age.

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

  • Revocation of Power of Attorney
    Allows the grantor to annul a previously granted power of attorney, preventing the attorney-in-fact from continuing to use the revoked power.

  • Renunciation of Power of Attorney
    This document is used when an attorney-in-fact renounces their granted power of attorney, avoiding future complications.

  • Subdelegation of Power of Attorney
    This is the deed where an attorney-in-fact transfers the powers received from the principal to another person.

  • Replacement of Power of Attorney
    This is the deed in which an attorney-in-fact transfers the powers received to another person, ceasing to use them themselves.

Required Documentation

  • General Powers of Attorney:

    • National identity document (DNI), Foreign Identification Number (NIE), passport, or residence card of the principal.

    • Detailed information about the person to whom the powers will be granted, including their identification number.

  • Special Powers of Attorney:

    • DNI, NIE, passport, or residence card of the principal.

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

  • Powers of Attorney for Litigation:

    • Identity document of the interested party.

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

  • Travel Authorizations:

    • Identity document of the applicant.

    • Detailed information about the minor and the trip, including their identification number.

  • Preventive Powers of Attorney in Case of Incapacity:

    • DNI, NIE, passport, or residence card of the principal.

    • Detailed information of the person receiving the powers, including their identification number.

  • Commercial Powers of Attorney:

    • Identification documents of the administrator(s) signing the power.

    • Authentic deed of the company granting the power and the deed that establishes the administrator’s role.

  • Revocation of Power of Attorney:

    • Identification of the power to be revoked.

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

  • Renunciation of Power of Attorney:

    • Identification document of the attorney-in-fact renouncing the power.

    • Identifying details of the power being renounced.

  • Subdelegation of Power of Attorney:

    • Identification document of the attorney-in-fact granting the subdelegation.

    • Identification of the power being subdelegated.

  • Replacement of Power of Attorney:

    • Identification document of the attorney-in-fact granting the subdelegation.

    • Identification of the power being replaced.

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 a useful tool: powers of attorney.