What is it about?
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 authority to act on their behalf in various legal or practical matters.
This tool is extremely useful in different life situations, especially for handling bureaucratic procedures in business.
When preparing these documents, notaries ensure that the identity of the person granting the power, known as the grantor, as well as their intentions, comply with the law. On the other hand, the designated representative or attorney-in-fact must prove their role by presenting a copy of the authorization granted.
Finally, it’s important to note that representation powers for proceedings before public administrations, as well as electoral powers and powers for specific acts, can be managed through videoconference.
Types of Notarial Powers
General Powers: These documents grant someone all possible powers to manage the grantor’s assets. However, due to the broad scope of these powers, there is an inherent risk.
Special Powers: In this case, specific powers are granted for one or more particular acts. The powers are limited, such as for property sales, inheritance matters, etc.
Powers for Litigation: These allow someone to grant powers of representation in court to their lawyers and legal representatives.
Travel Authorizations: Used when minor children travel abroad without their parents or guardians. This document is required, along with the minor's ID or passport.
Preventive Powers in Case of Incapacity: These grant powers to another person to act if the grantor becomes incapacitated in the future. This is useful for preventing issues in old age.
Commercial Powers: Granted by a company through its administrator, allowing someone to carry out commercial transactions on behalf of the company.
Revocation of Power: Allows the grantor to nullify a previously granted power, ensuring the attorney-in-fact no longer holds authority.
Renunciation of Power: This document allows an attorney-in-fact to renounce their power, preventing any future issues.
Sub-delegation of Power: A document where an attorney-in-fact transfers the powers received to another person.
Substitution of Power: This document allows an attorney-in-fact to transfer the powers they received to someone else, ceasing to use them themselves.
Necessary Documentation
General Powers:
National ID (DNI), NIE, passport, or residency card of the person granting the power.
Specific details of the person receiving the powers, including their ID number.
Special Powers:
DNI, NIE, passport, or residency card of the grantor.
Specific information about the recipient, including their ID number.
Powers for Litigation:
ID of the person granting the power.
Specific details of the person being granted the powers, including their ID number.
Travel Authorizations:
ID of the person requesting the authorization.
Specific details of the minor and the trip, including the minor’s ID number.
Preventive Powers in Case of Incapacity:
DNI, NIE, passport, or residency card of the grantor.
Detailed information of the recipient of the powers, including their ID number.
Commercial Powers:
Documentary identification of the administrator(s) granting the power.
Official 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 recipient of the power is absent, their identification and notification of the revocation are required.
Renunciation of Power:
ID of the attorney-in-fact who renounces the power.
Identifying details of the power being renounced.
Sub-delegation of Power:
ID of the attorney-in-fact granting the sub-power.
Identification of the power being sub-delegated.
Substitution of Power:
ID of the attorney-in-fact granting the substitution.
Identification of the power being substituted.
When can this service be used?
There are various life situations in which a person may need to delegate responsibilities. In such cases, the law provides a useful tool: notarial powers of attorney.