What does it consist of?
A notarial power of attorney is a public document through which a natural or legal person designates another as their legal representative, granting them authority to act on their behalf in various legal or practical matters.
This instrument is highly useful in different life situations, especially for handling bureaucratic procedures in the business realm.
When drafting these documents, notaries ensure that the identity of the grantor, known as the principal, and their intentions comply with the law. The designated legal representative, or attorney-in-fact, must also demonstrate their status by presenting a copy of the granted authorization.
Lastly, it should be noted that powers of attorney for procedural representation before public administrations, electoral matters, and powers for specific acts can be managed via videoconference.
Types of Notarial Powers of Attorney
General Powers: These documents grant a person all possible powers to manage the principal’s assets. Due to the broad scope, there is an inherent risk.
Special Powers: Specific powers are granted to carry out one or several particular acts, such as sales, inheritance matters, or others.
Powers for Litigation: Allow a person to authorize lawyers and legal representatives to act on their behalf in court.
Travel Authorizations: Used when minor children travel abroad without their parents or guardians; the document must be presented together with the child’s ID or passport.
Preventive Powers in Case of Incapacity: Grant powers to another person to act in the event the principal becomes incapacitated in the future, useful for avoiding problems in old age.
Commercial Powers: Granted by a company through its administrator, allowing a person to carry out commercial operations on behalf of the company.
Revocation of Power: Allows the principal to nullify a previously granted power, preventing the attorney-in-fact from continuing to exercise it.
Renunciation of Power: The document through which an attorney-in-fact formally renounces a granted power, preventing future disputes.
Sub-Delegation of Power: A deed in which an attorney-in-fact transfers the powers received to another person.
Substitution of Power: A deed in which an attorney-in-fact transfers their powers to another person and ceases to exercise them personally.
Required Documentation
General Powers:
National Identification Document (DNI), Foreigner Identification Number (NIE), passport, or residence card of the principal.
Precise details of the person to whom the powers will be granted, including their identification number.
Special Powers:
DNI, NIE, passport, or residence card of the principal.
Specific information of the person receiving the powers, including their identification number.
Powers for Litigation:
Identification of the principal.
Details of the person to whom powers are granted, including their identification number.
Travel Authorizations:
Identification of the applicant.
Precise details of the minor and the trip, including their identification number.
Preventive Powers 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:
Identification documents of the administrator(s) executing the power.
Authentic deed of the granting company and the deed establishing the administrator’s position.
Revocation of Power:
Identification of the power to be revoked.
If the attorney-in-fact is unavailable, their identification and notification of revocation will be required.
Renunciation of Power:
Identification of the attorney-in-fact renouncing the power.
Identifying details of the power being renounced.
Sub-Delegation of Power:
Identification of the attorney-in-fact granting the sub-power.
Identification of the power being sub-delegated.
Substitution of Power:
Identification of the attorney-in-fact granting the substitution.
Identification of the power being transferred.
In what situations can this service be used?
There are many life situations in which a person may need to delegate responsibilities. In such cases, the law provides a useful tool: notarial powers of attorney.