What does it consist of?
A notarial power of attorney is a public document by which a natural or legal person designates another as their legal representative, granting authority to act on their behalf in various legal or practical matters.
This instrument is particularly useful in a wide range of situations, especially for managing bureaucratic or business-related procedures.
Notaries, when drafting these documents, ensure that the identity of the grantor (called the principal) and their intentions comply with the law. The designated legal representative (the attorney-in-fact or agent) must also demonstrate their authority by presenting a copy of the granted power.
Finally, it should be noted that powers of attorney for procedural representation before public administrations, electoral matters, or specific acts can be executed via videoconference.
Types of Notarial Powers of Attorney
General Powers: Grant the agent all possible powers to manage the principal’s assets. Due to the broad scope, inherent risks exist.
Special Powers: Grant authority for one or several specific acts, limited in scope—for example, sales, inheritances, etc.
Powers for Litigation: Allow a person to grant representation authority to their lawyers or legal representatives in court.
Travel Authorizations: Used when minors travel abroad without their parents or guardians; the document must be accompanied by the child’s ID or passport.
Preventive Powers in Case of Incapacity: Grant authority to act if the principal becomes incapacitated in the future; useful for eldercare planning.
Commercial Powers: Granted by a company through its administrator, allowing a person to conduct business operations on behalf of the company.
Revocation of Power: Allows the principal to cancel a previously granted power, preventing further use by the agent.
Renunciation of Power: Document by which an agent formally resigns from a granted power, preventing future conflicts.
Sub-Power of Attorney: A deed in which an agent transfers the powers received to another person.
Substitution of Power: A deed in which an agent transfers their powers to another person and ceases to exercise them personally.
Required Documentation
General Powers:
National ID (DNI), Foreigner ID (NIE), passport, or residence card of the principal.
Precise details of the person receiving the powers, including ID number.
Special Powers:
DNI, NIE, passport, or residence card of the principal.
Specific information of the person receiving the powers, including ID number.
Powers for Litigation:
ID of the principal.
Details of the person receiving authority, including ID number.
Travel Authorizations:
ID of the applicant.
Specific details of the minor and the trip, including ID 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 ID number.
Commercial Powers:
Documentary identification of the administrator(s) signing the power.
Authentic deed of the company granting the power and deed establishing the administrator’s position.
Revocation of Power:
Identification of the power to be revoked.
If the recipient is absent, their identification and notification of the revocation are required.
Renunciation of Power:
ID of the agent resigning.
Details identifying the power being renounced.
Sub-Power of Attorney:
ID of the agent granting the sub-power.
Identification of the original power.
Substitution of Power:
ID of the agent transferring the power.
Identification of the original power.
Situations in which this service can be used
There are many situations in which a person may need to delegate responsibilities. In such cases, the law provides a practical and legally recognized tool: notarial powers of attorney.