Through people’s life and in the businesses day to day it is necessary sometimes to grant powers of representation for legal or material acts. At such times, people can turn to what is called power of attorney, documents written and authorized by notaries which ensure the identity of the people who grants them, as well as the adjustment of their wills to the law.
A power of attorney is foremost a public document that shall be authorized by a notary and that allows, either the natural person or the legal entity, to designate a legal agent to act in their behalf in legal acts. This way, these acts are effective if the representative confirms his/her role as legal agent using a copy of the power of attorney granted.
One of the distinctive features of the power of attorney is its unilateralism, in other words, the granting does not require the authorization of the person who receives it, and in the same way it is necessary for the person who grants it to be in the presence of a notary at the time of the granting.
Other of the features is the simplicity, according to our legal systemany person of legal age and in full possession of their mental faculties and at the right time can grant a power of attorney, they will just have to prove their identity before a notary.
Any power of attorney located in Spain has acknowledgement, but for this to happen, it has to be complemented by the legalization, also called “apostille” or note about the notarial public document which certifies the authenticity of the public documents issued in other countries. At this time, the apostille from “La Haya” is being used, which implies all the countries who signed the international agreement, almost all the countries of the world.
There are different powers of attorney, each of them limited to specific action guidelines. So, in general powers of attorney the representative is able to manage all or some of the fields, in general, which should be specified, as for example granting the legal agent power about the patrimony in common fields as buying and selling. It is also a general power the faculty entrusted to an attorney or to a lawyer when facing a lawsuit representing another person. This way, it is possible for the attorney to manage the patrimony in the field of the generality of the property management, except for very concrete cases as the buying and selling or the mortgage. The general power has an approximate cost of 50 euros.
If the general powers are of common application, the especial powers are equally usual. With them the attorney is empowered for a specific legal act in which the action is going to fall back. The most common are the buying and selling of goods, the acceptance of an inheritance or making a payment or a transfer.
Powers are therefore as large as the acts that admit the figure of the representation, of course there are situations in which that representation is not taken into account, as in a testament. Also, in the latter case, it is a situation whose writing and treatment should be flawless; it is not an impediment for its cancellation or repeal at any time that the person who grants it desires.
By Massimo Filippa
Information given is offered for information purposes, excluding the company and the author from all responsibility, not constitute an official publication nor will it be binding. We always recommend check with your lawyer or adviser.
Massimo Filippa
