What is a power of attorney and what is it for?
In this article I will try to briefly explain what a power of attorney is and what it is for. I hope you find it interesting.
What is a power of attorney?
A power of attorney in Law is the will of a person (principal) to authorise another (agent) to do something that may affect the person granting the power in their own person and/or their own assets. Thus, it consists of a kind of authorisation, empowerment or consent so that the person receiving the power can act on behalf of the one granting it with the same effects as if the person who gave the power acted on their own behalf.
When is it necessary for the power of attorney to be notarised?
In basic terms, when it comes to the following powers: powers for litigation, general powers and powers aimed at an act that must be drafted in this public deed or registered in some registry, it is necessary to make a notarial power of attorney. Also commercial powers in which the management body of a company allows a certain person to act for one or several acts.
How to make a power of attorney?
The requirements are relatively simple to make a power of attorney, it being enough for the person who wants to grant the power to go to a notary with their valid DNI (or corresponding identification document). This person must be of legal age and be in full mental capacity.
Furthermore, to grant a power of attorney it is necessary to have the details (name, surnames and DNI) of the person (or persons) to whom the power of attorney is to be granted. In the case of empowering several people, the manner in which they are authorised to act must be determined. That is, it must be indicated whether the action will take place through the joint agreement and execution of the attorneys (joint power) or if they can proceed individually (several power).
In the case of powers for litigation, the names and surnames of the lawyers and solicitors must be known, as well as the Bar Association to which they belong and their professional number.
Price of the power of attorney
The price of the power of attorney is regulated by law in the notarial tariff. The notarial tariff establishes various criteria for the cost of powers of attorney: it increases if the number of pages increases, if there are more grantors or attorneys, and, in powers for litigation, when an electronic copy is sent to the Courts. Therefore, it is difficult to state the price of the power of attorney until it has been carried out, but what can be affirmed is that it is one of the cheapest acts performed in a Notary's office.
Frequently asked questions about the power of attorney
How long does it take to get an appointment to grant a power of attorney?
It is advisable to make an appointment at the Notary, however, it is usual for the power of attorney to be granted on the same day or the following day. If you are looking for a notary in Barcelona or need to process a power of attorney online, such as online notary, we are at your disposal.
What happens if we have lost trust in our attorney?
In this case, we advise you to go to your trusted notary, which may be different from the one where you granted it, to revoke a power of attorney, that is, to render it null and void. For this, we need to know the details of the power of attorney you granted (Notary, date and protocol number) or a copy of the power of attorney.
Once this is done, the representative must be notified that the power of attorney has been revoked, and that they must hand over the copy they have in their possession, warning them that, if they make use of it, they may incur liability, including criminal liability.
Finally, the notary where the power of attorney was granted will be notified that it has been revoked, so that they record this on the original and do not issue any copies.
How to cancel a power of attorney?
If our attorney refuses or has lost their authorised copy of the power of attorney, it can be revoked by the principal going to a notary and carrying out the procedure to revoke the power of attorney. Occasionally, the power of attorney specifies the duration of the grant, but this is not usual. Many are granted for an indefinite period and their validity is indefinite. To revoke the power, a document is drawn up in which the principal expresses their intention to revoke, which must be notified through the notary to the attorney to be effective.
To conclude, I just want to express my hope that this article has helped to spread knowledge about the actions carried out in the notarial world. I hope it has been helpful in understanding what a power of attorney is. If you have any questions or wish to formalise a power of attorney in Barcelona, you can do so at JLA Notarios Asociados, our notary office in Barcelona.
