Types of Power of Attorney in Spain: General, Special, Preventive & Apud Acta (2026)

Types of Power of Attorney in Spain: Complete Guide

A power of attorney (poder notarial) is one of the most commonly used legal instruments in Spain. It allows one person (poderdante) to authorize another (apoderado) to act on their behalf in legal, economic, or personal matters. This guide covers all available types, when to use each, costs, and revocation.

What Is a Power of Attorney?

A notarial power of attorney is a public document granted before a notary by which a person confers authority on another to represent them. It is primarily regulated under Arts. 1709-1739 of the Civil Code (mandate) and the Notarial Law.

Types of Power of Attorney

1. General Power of Attorney

Grants the agent broad authority to act across a range of matters: asset management, bank operations, dealings with public agencies, debt collection, and contract signing. However, a general power alone does not authorize selling real estate or extraordinary acts of disposition (Art. 1713 CC), that requires express special authorization.

2. Special Power of Attorney

Granted for a specific, determined legal act: selling a particular property, accepting an inheritance, constituting a mortgage, or signing a specific contract. It is consumed once the act is completed.

3. Apud Acta

A form of procedural representation granted before the Court Clerk (Letrado de la Administración de Justicia), without going to a notary. It is free and only valid for the specific court proceeding in which it is granted. Useful for appointing court-appointed lawyers or when you want to save notarial costs.

4. Preventive Power of Attorney (Art. 256 CC)

Introduced by Law 8/2021 reforming disability support legislation, this is a power that takes effect when the grantor loses decisión-making capacity (due to illness, accident, or cognitive decline).

Two modalities exist:

• Pure preventive power: only activates upon incapacity.
• Subsistence clause: an existing general power that remains valid even if the grantor loses capacity.

Why it matters: Without a preventive power, a judge must appoint a curator (costly, slow judicial process). With one, your trusted agent acts directly without court intervention.

5. Power for Litigation

Granted to a procurador (court agent) for judicial representation. Required in most court proceedings (Art. 23 LEC). Can be notarial or by apud acta.

Costs

Plus 21% VAT and costs for authorized copies (6-10 EUR each).

Revocation (Arts. 1732-1733 CC)

Revocation requires a notarial deed of revocation and notification to both the agent and relevant third parties (banks, registries). A preventive power can only be revoked while the grantor retains capacity.

Powers are also extinguished by: the agent's resignation, death of either party, the grantor's incapacity (except preventive powers), or completion of the specific task.

Frequently Asked Questions

Do I need a power of attorney to sell property from abroad?

Yes, a special power identifying the specific property, minimum price, and sale conditions. If granted before a foreign notary, it needs an apostille (Hague Convention) or legalization.

Can I appoint multiple agents?

Yes, either jointly (solidariamente ( each acts independently) or severally (mancomunadamente ) must act together).

Does a power of attorney expire?

A general power has no expiration unless one is set. Special powers are consumed upon completion. Review every 5-10 years.

How Lexiel Can Help

Choosing the right type of power of attorney and drafting the correct authorities is crucial to avoid future legal problems. Lexiel AI lets you query applicable regulations (Civil Code, Notarial Law, Law 8/2021), compare power types for your specific case, and verify formal requirements, all with references verified against official BOE sources.