Spanish Power of Attorney

If you own a property in Spain, for example, a villa which you bought or inherited, you may decide to sell it one day. Alternatively, you may be looking to buy a Spanish property. Unless you are based in Spain, it usually makes sense to put in place a Spanish Power of Attorney so that someone in Spain, often your lawyer or someone else you trust, can deal with the paperwork on your behalf. 

A Spanish Power of Attorney is almost always drafted by a Spanish lawyer acting for you, and you will need to sign it in front of a notary in the UK. The Power of Attorney is often provided as a blank template, and we can add your details (typically name, address, marital status, occupation and passport number) and our details too as the notary witnessing your signature. The document will be in Spanish and English in separate columns, but the Spanish version is the one being relied on: the English translation is for information only.

Although a Spanish Power of Attorney may be for a particular property or a particular transaction, they are often drafted very widely; for example, to include buying and selling any property, dealing with bank accounts, mortgages and so on. It is possible to limit the powers, although this will involve you in some discussion with the Spanish lawyer. Most clients are happy to sign a widely drafted version on the basis that it will cover all eventualities and because they trust the attorney not to misuse the document.

If you do not have an NIE number (a Spanish national insurance number, a requirement if buying a property), the Power of Attorney will include a power for the attorney to obtain this for you. Often, an additional attorney is included in the document for this specific purpose.

Spanish Powers of Attorney invariably include a power of substitution, allowing the attorneys to appoint other attorneys if they feel the need to do so.

We do not (and, indeed, are not regulated to) advise you on Spanish documents, such as a Power of Attorney. However, we need to ensure you understand the essence of the document you are signing. We also need to check your ID, such as passport or driving licence and a utility bill.

Both you and the notary will sign each page of the Power of Attorney and a copy of the photo page of your passport will need to be certified by the notary and attached at the back. If the attorney needs to apply for an NIE number for you, every page of the passport needs to be included (a post Brexit requirement). The Power of Attorney will be bound up with the notary’s seal and ribbon.

Additionally, for the Power of Attorney  to be accepted as valid in Spain, it will need to be “legalised” with an “apostille” from the Foreign, Commonwealth and Development Office (FCDO). This is a half page certificate which the FCDO will stick on the back of one of the pages of the Power of Attorney, effectively confirming the identity of the notary and the authenticity of their signature and seal. We can arrange this for you. The FCDO fee is £45 and it usually takes a week or two. We can also courier the document to Spain when finalised.

If you would like to speak with a notary regarding child travel consent, please contact Megan Robinson: megan.robinson@cwj.co.uk or 01689 887844 or by email: mr@cwj.co.uk