A Power of Attorney (P.O.A.) is a legal authorisation granted by the donor (the person granting the power) to one or more individuals (attorneys) to act on their behalf, such as signing contracts, deeds, or other legal documents. This document must be executed before a Notary. In Spanish, it is called a “Poder Notarial.”

If you are buying, selling, or inheriting property in Spain, or you are dealing with a Spanish bank it is highly likely that your lawyer will recommend signing a P.O.A. This authorisation typically includes powers to handle various aspects of real estate transactions, such as fiscal representation, applying for an N.I.E. (tax identification number), opening bank accounts, and arranging utility contracts.

While P.O.A.s are often granted to lawyers, it is also common to appoint family members or friends. Reciprocal P.O.A.s between spouses are particularly popular, enabling either spouse to complete transactions that are legally binding for both parties.

Types of Powers of Attorney:

• General Power of Attorney:This grants the broadest range of powers to the appointed attorney. It allows them to act on behalf of the donor in a wide variety of matters, including financial and legal affairs, without being limited to specific transactions.

• Special (or Specific) Power of Attorney:This is a more tailored document, granting authority only for specific tasks or transactions. Although the powers can still be numerous, they are clearly defined and more restricted than those granted under a General Power of Attorney.

• Lasting Power of Attorney (LPA): Designed to remain effective even if the donor loses mental capacity. There are two sub-types of LPAs: One that becomes valid only once the donor is no longer able to make their own decisions and one that becomes effective immediately upon execution, should the donor wish for the attorney to begin acting on their behalf straight away.

P.O.A. Services at Bravo Legal

If you are working with Bravo Legal on a property purchase, sale, or other legal matters in Spain, we will take care of organising the execution of a P.O.A. You will only be responsible for paying the Notary fees, which are typically around €100-120  in Spain or approximately £200-300 in the UK.

• If signed in Spain: We will arrange the Notary appointment and provide interpreter services at no extra cost.
• If signed outside Spain: We will assist you in finding a suitable Notary and provide a bilingual P.O.A. draft, ready to forward to the selected Notary. We will also supply clear instructions to ensure the document meets all Spanish legal requirements.

Standalone P.O.A. Services

Even if you are not currently using Bravo Legal for other services, we can prepare a P.O.A. for you. This can be granted in favour of your spouse, children, or any other designated person, and you can also include us to handle future legal matters (optional)

Our fees for assisting with the execution of a Power of Attorney when you are not using our services for any other matter:

• €250 + IVA for a P.O.A. executed in Spain. (using our Notary in Fuengirola)
• €200 + IVA for a P.O.A. executed in the UK or Ireland. (For other countries, please enquire.)

Please note: Our fees do not include the Notary fees, which you will pay directly to the Notary. If the document is signed outside Spain, you will also need to cover the cost of its legalisation with the Apostille of The Hague Convention.

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