Legal power

There are situations in which, at a given moment, it is necessary for one person to become a representative of another. But, for this, you must have a power of attorney.

If you require a document of this type but do not know it which is a power of attorney, the types that there are, or how it is obtained, here we clarify all your doubts.

What is a power of attorney?

A power of attorney is a document in which a person is authorized to make decisions or act on behalf of another person or company, thus becoming the legal representative (of a natural or legal person).

This document has various uses, but you have to pay attention that, to be legal, you need to go through a notary. At the same time, it is unilateral, in other words, only one person receives rights (from another) and at the same time agrees to do what is asked of him.

What is it for

A power of attorney, as we have commented, has various uses, and sometimes it becomes an essential document for carrying out procedures or making decisions. Some of the most common cases that require this They are:

• When a company or entity wants a person (director, manager ...) to make decisions and ensure the operation of that business.
• If a company owner goes on a trip and wants to leave a manager with the capacity to act on his behalf.
• When an attorney must represent his client.
• Receive an inheritance.
• In case of sale of properties on behalf of third parties.
• If there are bank account openings (or others) in the name of others.
• In case of last will or loss of mental faculties.

Types of Power of Attorney

According to José Manuel García Collantes, president of the General Council of Notaries, there are many powers, as many as acts or legal acts that the "representation" admits. And each of them You need a specialized treatment, in other words, it requires a professional to perform it.

Broadly speaking, there are three types of powers that should be known.

General Power of Attorney

A general power of attorney is one in which the attorney-in-fact can act on behalf of the person he represents in all areas of a general nature, in other words, It gives you full rights to make any kind of decision, in any area.

This power is characterized by having greater freedom and flexibility, since it is not limited to a specific activity or action, but it is for any circumstance that arises.

Special power

This power is used to empower a person in a specific legal act; In other words, it cannot be used for various interpretations, but is only valid for a specific subject.

In this case, there is a greater limitation of power, since you will only be able to act in a specific situation.

Preventive power

It is a "new" figure, insofar as it relates to the older people and the increase in diseases in these that can incapacitate them to make adequate decisions. From this dynamic, this document enables another person to act on behalf of the older person and make decisions that the older person cannot carry out.

At the same time of these powers, there are also others that are included within the same figure, such as:

• Self guardianship. In other words, a power of attorney where a person chooses who will be his guardian and, therefore, who will make the decisions in case of remaining legally incapacitated.
• Advance Directive document. Known as a living will, it is a legal document where one person expresses the wishes they want (organ donation, non-resuscitation, etc.) and the other person must respect the decision they made (and enforce it in case that situation occurs ). .
• Power of Attorney for Litigation. This power of attorney is what is given to attorneys to represent us in legal proceedings.

Requirements to request a power of attorney

In case you want, or need, a power of attorney, to be delivered, it is necessary to meet a series of requirements. These are:

• Be of age. In other words, being 18 years old. To prove it, it will be enough to deliver a copy of the DNI.
• Be in full possession of your mental faculties. If a person has been declared incapable of making decisions for himself, no matter how much he wishes, he will not be able to request a power of attorney.

Depending on the type of power requested, the requirements may be even higher.

How do I get a power of attorney?

Request a Power of Attorney You need to go to a notary. In spite of everything, you should know that you can write this document yourself, with the help of this professional or a lawyer, since they will be the most suitable person to help you so that "there are no loose fringes" in it.

The document to be drafted must establish the conditions of power, in other words, why the other person is given the responsibility to choose over another; as well as the duration and the situations in which it can be used. At the same time, you should pay attention that, if a start and end date of this power is not set, it will be indefinite, even though it can be revoked at any time.

Then maybe the The first step in getting a power of attorney is selecting a good notary. with which you can have a meeting and expose the situation to ask for advice. In this case, the notary will need the above requirements to be met (minimally) and the notary will require a payment for that document.

Once the debt (the payment) has been paid, the notary will attest to that document, offering an authorized copy, which will be the one that the attorney-in-fact must always carry with him to prove that he is acting on his behalf.

In the event that the power of attorney needs to be used outside of Spain, it must be "apostilled", in other words, it must go through another procedure; Despite everything, not all notaries do it, so if you need it internationally, it is advisable to select a professional who is in charge of the entire procedure.

The price of a power of attorney

The big question to ask yourself about power is its cost. I mean, how much is a proxy worth? Taking into account that there are several types of powers, the price is also different depending on the one requested. But the figure ranges between 25 and 50 euros (50 euros being almost always the general power of attorney).

Sometimes it can be found that notary associations establish fixed prices for these documents, but there are other times that they do not, and it is the notaries themselves who set their rates. At the same time, you should pay attention that a power of attorney with effect only in Spain will not be the same as an international one (in that case the figure may increase due to the "apostille").