General Notarial Power
Granting a general power of attorney is common in today's society due to the personal circumstances surrounding individuals, which is why it is one of the most frequent actions in our Notary's office, being part of the specialty of our power of attorney service in Barcelona. Therefore, we want to introduce you to what a general power of attorney means, how to process it step by step, and other related matters.
What is a general notarial power of attorney?
Notarial powers of attorney are used to delegate powers to another person so that they can act on your behalf and representation. The power is delegated by a principal while the attorney-in-fact is the one who receives the power.
The general notarial power of attorney is a type of delegation in which there are no limitations on representation. That is why “general” is added to its name, since, by granting the power once, it confers powers to the person in a practically unlimited way, extending to all possible actions. When we talk about general notarial power of attorney we distinguish it from general commercial power of attorney, which is intended for representation and acting on behalf of companies, or more specific powers such as the general power of attorney for litigation.
Once a general notarial power of attorney has been granted, the attorney-in-fact will be able to act in legal acts and transactions of an economic or patrimonial nature, and even social. Imagine that you reside abroad and must carry out transactions in the country such as the sale or management of a property, applying for a mortgage or depositing money into a bank account. Granting a general power of attorney to another person would help you with these types of procedures.
And it is not limited to the field of real estate operations, but also allows the collection and payment of debts, cheques, drafts and promissory notes; buying, selling and managing assets; processing usufructs; acceptance of inheritances, donations or legacies; carrying out administrative procedures; participating in auctions or public tenders, and any other possible procedure according to the law.
The regulation of the general notarial power of attorney is found in the Spanish Civil Code, specifically in articles 1280 and from 1709 onwards.
Requirements to be able to generate
However, to execute a general notarial power of attorney, you must take into account the authority you are granting to the attorney-in-fact, as they will be able to carry out transactions of great importance related to your finances and assets, and, therefore, must be a person in whom you have full and absolute trust, providing you with peace of mind by ensuring that they will not misuse the power, as the consequences of misuse can be very serious.
For this reason, it is common to grant the general power of attorney to a child in the civil sphere and also to close relatives or a spouse. However, whoever your attorney-in-fact may be, there are certain requirements to grant a general power of attorney. Among them is that the person must be over 18 years of age and be fully capable of acting, with full intellectual capacities and understanding the legal significance of the acts they are going to perform.
Limitations of a general notarial power of attorney
Although we have determined that the general power of attorney grants practically unlimited functions, there are certain acts that cannot be carried out due to their nature. These include marriage or the exercise of the right to vote, although in both cases powers can be delegated through special powers of attorney; or the will, due to its purely personal nature it cannot be delegated even with a special power of attorney.
Expiry of the general notarial power When does a general power of attorney expire?
When does a general power of attorney expire? The duration of the power of attorney will be determined in the notarial deed of general power of attorney. This may be indefinite or the period of time that the principal considers necessary or wishes may be established.
It is important to know that a general power of attorney is extinguished in the event of the principal's death and also in the event of the principal's incapacity. Thus, you should know that if a parent grants a power of attorney to a child and later the parent loses capacity (for example, due to Alzheimer's or senile dementia), the power of attorney is extinguished. For the general power of attorney granted to subsist in the event of the principal's incapacity, it will be necessary to grant a general power of attorney that also has the consideration of a preventive power of attorney.
Comparison between normal general powers and general powers, including preventive ones
As has been indicated previously, the general rule is that a general power of attorney is extinguished in the event of the principal's future incapacity. To avoid this, it is necessary to grant a general power of attorney with survival in the event of future incapacity, which will allow the power to survive in the event of the principal's subsequent incapacity. Therefore, a general power of attorney with a survival clause in the event of incapacity is known in the legal world as a general and preventive power of attorney.
Clauses in general powers of attorney
There are other clauses different from those previously seen that indicate a time provision for the execution of the power of attorney. Among them are those that impose economic limits on the management of operations or those that establish the regime of action if there are several attorneys-in-fact in the same power of attorney. It is also common to find clauses for the acceptance or prohibition of delegation of power such as sub-power of attorney or substitution.
What is the survival clause of a general notarial power of attorney?
As its name indicates, this condition added to a general power of attorney means that the power granted will remain valid even if the principal loses their capacities. It is a clause especially interesting for elderly people who grant a general power of attorney to a child.
How to make a general power of attorney?
To grant a general power of attorney, it will be necessary to make an appointment at a notary's office and appear in person.
At the notary's office, the Notary will provide the deed with public faith and will grant legal certainty to the document. They will also advise you impartially and free of charge. We will inform you about the legal, financial risks and conflicts of interest that could arise.
Who signs a general power of attorney?
To grant a general power of attorney, only the signature of the principal at a notary specialising in powers of attorney will be necessary. An authorised copy will be provided, which will be given to the attorney-in-fact for the exercise of their functions. It will not be necessary for the attorney-in-fact to sign any document or show their consent to the granting of the power, but they must present said copy to exercise the functions of action and representation of the principal.
What are the necessary documents to grant a general notarial power of attorney?
The following documents will be required:
- Valid identification document of the person granting the power of attorney
- Identification details of the authorised person receiving the power of attorney.
How much does a general power of attorney cost?
The price of notarial acts is regulated by the Government and complies with the regulatory framework of the NOTARIAL FEE SCHEDULE (RD 1426/1989, of 17 November, regulating the Notaries' Fee Schedule).
However, the exact price of a notarial document cannot be calculated until its specific content is known, that is, until it is signed, as there are many circumstances that can cause it to vary. The number of copies requested of a document, the number of pages it contains, as well as possible changes or additions, can slightly alter the final price.
If you wish to receive a detailed quote, we invite you to contact us directly through the method that is most convenient for you. You can do so via the contact form on the main page of this website, through the contact section found in the footer of the website, using the direct WhatsApp access at the bottom right of this page, by sending an email to bcn@jlanotarios.com, or by calling us at 93 159 17 62.
As a guideline, we can inform you that, according to the current regulatory framework, the usual price for the formalisation of a general notarial power of attorney is around €150, including VAT, in the simplest cases, and can reach up to €250 in more complicated cases.
This indicative price is calculated for a document with standard content (7 pages) and the issuance of a single authorised copy and two simple copies.
Where is a general power of attorney registered?
Currently, our legislation does not provide for the registration of general powers of attorney in any public registry. However, if the general power of attorney includes the clause of power subsistence, it must be registered, at least, in the Civil Registry.
Frequently asked questions about general powers of attorney
This name refers to a general power of attorney granted by a principal to an agent without limits for the performance of all types of acts. If misused, it could lead to the ruin of the person granting the power, and for this reason, it receives this name.
Thus, a normal general power of attorney is known as a power of ruin, due to the significant consequences that the misuse of a general power of attorney by the agent could bring, who can perform all kinds of actions on behalf of the principal. Therefore, it is essential to have absolute trust in the person to whom the general power is to be given.
The principal may revoke the power of attorney whenever they no longer wish to maintain it. The revocation can be made by the principal at any time and for any reason. Thus, the revocation of power of attorney can occur for various reasons such as loss of trust, the desire to continue with those functions themselves, the recovery from incapacity, and so on. It can be annulled through a deed of revocation of power of attorney.
Likewise, the attorney-in-fact may renounce the power granted by means of the public deed of renunciation of power, although they may also cease to use that power or destroy their authentic copy that accredits them as attorney-in-fact.
To modify a general power of attorney, a new deed must be granted that modifies it at a notary's office.
Indeed, a principal can grant powers to various attorneys.
In the event that there are several attorneys, the power of attorney will determine how they should act. Thus, it can be established that the attorneys may act jointly and severally (in which case each attorney can act independently), or jointly (in which case actions must be carried out together by all the attorneys).
In general, the text is written in any official language, in Catalan, Galician, Basque, etc., although the most common is in Spanish. However, if you wish, you may grant a power of attorney in double column, in an official Spanish language and in a foreign language that the Notary knows. Likewise, if you need to grant powers outside the country, if it is part of the Hague Convention, you may apostille it.
This question is quite common among our clients. With a general power of attorney, money can be withdrawn from the bank, and it is one of the powers granted to the attorney-in-fact to act on behalf of the principal. That said, the money belongs to the principal and not the attorney-in-fact (and if the attorney-in-fact keeps it, they would be using the power improperly and will have legal responsibilities).
The difference between the two is that the special power is granted for a specific act, while the general one operates in all possible fields.
How to process a general power of attorney with JLA Notarios?
Our Notary Office in Barcelona has a team of highly qualified and experienced Notaries to grant a general power of attorney. We are experts in the applicable regulations and can offer you personalised advice tailored to your specific needs, always responding to your questions and concerns.
At JLA Notarios we work empathetically and dynamically, applying new technologies in all procedures for your comfort and convenience. It is our goal as an online Notary Office, where we manage many notarial services electronically, to optimise the transaction times of your procedure and keep you informed of any developments during the process. Remember that you can sign a power of attorney with us from anywhere in Spain through our Digital Notary Office or by visiting the offices of our Notary Office in Barcelona. To date, all powers of attorney can be signed online except for general powers. Therefore, to sign a general power of attorney, it will be necessary for you to attend the signing in person at the notary.
Contact us for an initial consultation, whether to grant a general power of attorney or to obtain more information about a power of attorney or other related matters that affect you. We will assist you throughout the process, resolving your doubts and efficiently managing your case. Book your first consultation now at JLA Notarios.
By your side in the moments that matter
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
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.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
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.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
