Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Special powers
Deeds by which a person confers powers on another person to carry out one or more specific acts. This type of power is characterised in that the powers are limited, for instance, they may only buy, sell, leave a legacy, etc.
- ID card, foreigner identification number (NIE), passport or residence permit of the person conferring the power.
- The specific data of the person upon whom the powers are conferred, including their ID card number.
For more information about special powers, read the article published on our blog.
General powers
Deeds by which a person confers every possible power on another person for them to take charge of all their assets. This type of power is characterised in that the powers are extremely wide, which poses a risk.
- ID card, foreigner identification number (NIE), passport or residence permit of the person granting the power.
- The specific data of the person upon whom the powers are to be conferred, including their ID card number.
Preventive powers in the case of incapacity
Powers by which a person confers powers on another to take all the necessary actions in the event that the person conferring the power is incapacitated in the future. It is a very useful instrument for preventing problems when a person grows old.
- ID card, foreigner identification number (NIE), passport or residence permit of the interested party.
- The specific data of the person upon whom the powers will be conferred, including their ID card number.
For more information about special powers, an explanatory article is published on our blog.
Powers for lawsuits
A notarial document by which a person confers powers of representation in court on their lawyers and solicitors.
- ID card, foreigner identification number (NIE), passport or residence permit of the interested party.
- The specific data of the person upon whom the powers will be conferred, including their ID card number.
Commercial powers
These are powers conferred by a company through the director on a person to allow them to carry out one or more transactions on behalf of the company.
- ID card, foreigner identification number (NIE), passport or residence permit of the director.
- The specific data of the person upon whom the powers are to be conferred, including their ID card number.
- The deed of incorporation.
- The deed appointing the current director, if not recorded in the deed of incorporation.
- The deed of beneficial ownership.
Authorisation to travel
When minors travel abroad without being accompanied by their parents or guardians, the trip can be authorised by means of this notarial document, which the minor must carry along with their ID card or passport.
- ID card, foreigner identification number (NIE), passport or residence permit of the interested party.
- The specific data of the minor and the trip, including their ID card number.
Revocation of powers of attorney
A deed that revokes powers of attorney makes it possible for the person granting the power of attorney to render it ineffective, so that the proxy holder cannot continue to use the revoked power of attorney.
The presence of the person who granted the power of attorney is sufficient to sign the revocation.
You will need only the following documents to revoke the power:
Document identifying the person who granted the power of attorney that is being revoked.
- Identification of the power of attorney that is being revoked.
- If the person upon whom the power of attorney was conferred fails to sign the revocation, they must be identified and notified of its revocation.
If you need to revoke a power of attorney or have any questions, JLA Notarios will help you during the entire process until your document is signed.
Waiver of power of attorney
The deed of waiver of power of attorney is a notarial document whereby a proxy holder declares that they waive a power of attorney conferred upon them. It is often used in practice by a proxy holder to prevent subsequent problems in relinquishing their position.
You will need the following documents to waive a power of attorney:
- Document identifying the proxy holder who is waiving the power of attorney.
- Data identifying the power of attorney that is being waived.
Once you have these documents, you can come to the JLA Notarios office to sign the waiver. We will be happy to assist you in this or in any other process.
Delegation of power of attorney
A delegation of power of attorney deed is a document whereby a proxy holder delegates the powers conferred upon them in a power of attorney to a different person.
It must be permitted by law and not be prohibited in the original power of attorney.
The following documents are required to grant a delegation of power of attorney:
- Document identifying the proxy holder granting the delegation of powers.
- Identification of the power of attorney that is being delegated.
Once you have these documents, JLA Notarios will help you complete the process and provide you with support until your document has been formalised.
Substitution of powers
A substitution of powers deed is a document whereby a proxy holder transfers to another person the powers conferred upon them in a power of attorney, so that they can no longer use the powers that were conferred on them in the original power of attorney.
It must be permitted by law and not be prohibited in the power of attorney that is to be substituted.
You will need the following documents to grant a replacement of powers:
- Document identifying the proxy holder who granted the delegated power.
- Identification of the power of attorney that is to be delegated.
Once these requirements have been met, you may visit JLA Notarios to sign your document.
