A power of attorney (generally a notarised power of attorney) is a document by which a representative is empowered to act in the legal area of the person represented. The one who grants the power is the principal, and the representative, as recipient of the granted power, is the attorney-in-fact.
Powers of attorney are generally used by lawyers in deeds of purchase and sale of real estate, inheritances, donations, judicial procedures and in general in any legal act that is intended to be carried out and where it is sought that one person can represent another in said legal act without the need for it to be present.
For a power of attorney to be valid in Spain, it must be granted before a Spanish notary and in the Spanish language. In the case of powers granted outside of Spain, it is necessary that they be translated into the language of the authorizing notary. In this way, for example, a lawyer can make a power of attorney in two languages (Spanish and German) so that the German notary can sign it in the presence of the principal. To be fully valid in Spain, this power of attorney must be apostilled in accordance with the Hague Convention. A procedure that notaries throughout Europe know and can process.
If you want additional information about the drafting and preparation of powers of attorney in Spain, you can contact our law firm directly through our website: www.delgado-vila.com.