{"id":1604,"date":"2023-07-14T10:31:26","date_gmt":"2023-07-14T10:31:26","guid":{"rendered":"https:\/\/www.abogadosmarconsultores.com\/?p=1604"},"modified":"2023-07-14T10:31:26","modified_gmt":"2023-07-14T10:31:26","slug":"can-i-grant-a-power-of-attorney-from-abroad-to-a-resident-in-spain","status":"publish","type":"post","link":"https:\/\/www.abogadosmarconsultores.com\/en\/can-i-grant-a-power-of-attorney-from-abroad-to-a-resident-in-spain\/","title":{"rendered":"Can I grant a power of attorney from abroad to a resident in Spain?"},"content":{"rendered":"

Yes. Yes it can <\/strong>. Any citizen of any country can grant a power of attorney from abroad to a person residing in Spain. Are you in England? In France? It is not necessary to go to a Spanish Notary, you can do it without leaving your country. Of course, you must meet a series of requirements.<\/p>\n

Below we explain what exactly granting a power of attorney consists of, what options exist to grant a power of attorney remotely, from abroad <\/strong>, and what is required to do so.<\/p>\n

What does it mean to grant a power of attorney?<\/h2>\n

Granting power means delegating the ability to act to another person <\/strong>. That is, to authorize another natural or legal person to represent you in certain legal acts, such as the purchase or sale of a property <\/strong><\/a>, carrying out procedures before the Treasury, registering a home, renting land, paying any debt etc.<\/p>\n

Therefore, the power of attorney is a kind of authorization, but it must be granted by means of a public deed and in person before a Spanish Notary <\/strong>. And any foreigner can go to a Spanish Notary.<\/p>\n

To avoid a trip just for that procedure, the foreigner has two options. We explain them below.<\/p>\n

How to grant a power of attorney from abroad?<\/h2>\n

The granting of a power of attorney from abroad to a resident in Spain can be carried out before a foreign Notary Public <\/strong>or before the Spanish Consul <\/strong>.<\/p>\n

Option 1. Grant power of attorney before the Spanish Consul<\/h3>\n

This is the most common alternative used to grant a power of attorney to a resident in Spain from a foreign territory. The Consul has notarial functions <\/strong>, among which are authorizing the act for the granting of power.<\/p>\n

It is a simple procedure, in which it is necessary to attend the headquarters of the Spanish Consular Office in foreign territory, prior request for an appointment <\/strong>.<\/p>\n

Grant power of attorney before a foreign Notary<\/h3>\n

The second option is to grant power of attorney before a foreign Notary, provided that he has the equivalent functions of a Spanish Notary <\/strong>and that the granting of public faith in that territory is based on the same principles as in Spain.<\/p>\n

In addition, for this power of attorney to be valid in Spain, it must be duly legalized or apostilled <\/strong>. This is a simple administrative procedure that consists of the annotation on the notarial document that certifies its authenticity, in order for it to have legal validity in Spain.<\/p>\n

This apostille is established in the Hague Convention <\/strong>and is the exclusive responsibility of the authorities of the country in which the document or power of attorney was issued. Once the power of attorney has been apostilled, it can be presented directly in Spain, it does not require additional procedures at the Spanish Consulate.<\/p>\n

Example of grant of power of attorney abroad<\/h3>\n

If a French citizen needs to grant a power of attorney to a resident in Spain to buy a home in Spanish territory <\/strong><\/a>, they can contact the Spanish Consular Office in French territory or the French Notary.<\/p>\n

In the latter case, in which he goes before the French Notary, the foreigner must also complement the power of attorney with the Hague Apostille <\/strong>. In addition, the document must be accompanied by a sworn translation <\/strong>of its content. In Spain, powers of attorney must be submitted in Spanish.<\/p>\n

What is required to grant a power of attorney from abroad at the Spanish Consulate?<\/h2>\n

As explained, it is necessary to request an appointment to carry out the procedure at the Consulate of Spain. On the scheduled date, the applicant must attend presenting:<\/p>\n