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Poder notarial (notarial power of attorney: general, special or preventive)

Poder notarial (notarial power of attorney: general, special or preventive) is filed with Notario competente (cualquier notario de España). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €59 to €229. Official tasa (government fee): No AJD (stamp duty) or ITP (transfer tax). Notary cost: 30-200 € depending on the type and complexity.

We arrange your poder notarial (notarial power of attorney) in its 4 forms: GENERAL (broad powers of management and disposal, requiring a public deed under art. 1280.5 CC), SPECIAL (for a single act), PREVENTIVE, either continuing or taking effect only on loss of capacity (art. 256 CC after Ley 8/2021, which replaced the old voluntary guardianship), or IRREVOCABLE (exceptional). We include safeguard clauses in preventive powers, substitute attorneys, a ban on self-dealing, a maximum amount for acts of disposal and, if you need it, the Hague apostilla (apostille certificate) for use abroad.

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Estimated total cost
€59 to €229
Managora's fee
€35.09 (21% VAT incl.)
Tasa (official government fee)
No AJD (stamp duty) or ITP (transfer tax). Notary cost: 30-200 € depending on the type and complexity. (suplido: paid to the authority on your behalf, no VAT)
Processing time
Granting: one visit to the notary (around 20-40 minutes). Apostilla (apostille certificate, if it is for use abroad): 1-7 days.
Where it is filed
Notario competente (cualquier notario de España) ↗
What you receive
Application

Cost breakdown: Our fee 29 € + notary cost of 30 to 200 € depending on the type and complexity of the power. No AJD (stamp duty) or ITP (transfer tax)..

Poder notarial (notarial power of attorney: general, special or preventive): how is it filed?

  1. 1Answer the chat questions (around 10 minutes).
  2. 2We work out the most suitable type of power (general, special, preventive or irrevocable) for your purpose.
  3. 3We check it fits together: a general power cannot cover strictly personal decisions (use instrucciones previas, advance healthcare directives, for medical matters); a preventive power needs the safeguard clause required by Ley 8/2021.
  4. 4Payment of 29 € for our fee + around 30-200 € in notary costs depending on the type + around 30 € for the apostilla if it is for use abroad. No AJD or ITP.
  5. 5Sign the mandato (mandate authorising us to act) from your mobile.
  6. 6We draft the full text (with safeguard clauses in preventive powers, a ban on self-dealing if you want one, a maximum amount, and so on).
  7. 7We arrange the notary appointment.
  8. 8The notary reads it out, identifies the person granting the power and authorises the deed. You are given a plain copy.
  9. 9If it is for use abroad: we obtain the Hague APOSTILLA (through the Colegio Notarial, the notaries' professional body, or the Ministerio de Justicia, 1-7 days).
  10. 10We explain how to revoke it (a revoking public deed + notice) and how to notify third parties.

Which documents do you need?

  • •A valid DNI / NIE of the person granting the power.
  • •Identifying details of the attorney (name, DNI/NIE/CIF, address).
  • •If it is a special power over a property: the Registro de la Propiedad (Land Registry) or Catastro (land cadastre) description of the property.
  • •If it is a preventive power: the details of the substitute attorneys.
  • •If it is for use abroad: the destination country and, if you know it, the format required there.

Legal basis and things to bear in mind

  • Legal framework: arts. 1709-1739 CC (mandato and powers) + art. 1280.5 CC (public deed compulsory) + arts. 256-261 CC as amended by Ley 8/2021 (preventive powers) + Reglamento Notarial arts. 156-163 + the 1961 Hague Convention (apostilla).
  • GENERAL POWER: broad powers to manage, dispose and represent. It requires a public deed (art. 1280.5 CC).
  • SPECIAL POWER: for a specific act or area. If it involves property or exceeds 1.500 €, a public deed is also required.
  • PREVENTIVE POWER (art. 256 CC after Ley 8/2021): it replaced the old voluntary guardianship. Two forms: 'continuing' (effective from the moment it is granted and remaining in force after loss of capacity) or 'only on loss of capacity' (taking effect only once the loss of capacity is established). It MUST include specific safeguard measures.
  • IRREVOCABLE POWER: exceptional, requiring a lawful reason (typically a mandato in which the attorney has an interest, for example authorising the buyer to handle the cancellation of the mortgage after payment).
  • POWERS THAT CANNOT BE DELEGATED (strictly personal): making a will, voting in elections, giving informed consent to medical treatment (use instrucciones_previas instead), and appearing in person where the law requires it.
  • Very low cost (30-200 € in notary fees) and no AJD/ITP. For use outside Spain: the Hague apostilla (15-50 €) or consular legalizacion (consular legalisation) if the destination is not a party to the Convention.
  • Duration: indefinite until expressly revoked (a revoking public deed + notice to the attorney and to third parties, art. 1733 CC). Exception: a continuing preventive power survives loss of capacity; ordinary powers end when the person granting them loses capacity.
  • Natural next steps: testamento_notarial, instrucciones_previas, aceptacion_herencia (a power for an inheritance), constitucion_sl (a power to represent shareholders), apostilla_haya.
  • Our recommendation: if you want to plan for a future loss of capacity, combine a PREVENTIVE POWER + INSTRUCCIONES PREVIAS + a WILL. Since Ley 8/2021 this is the trio for personal planning, in place of the old guardianship.

Poder notarial (notarial power of attorney: general, special or preventive): frequently asked questions

Poder notarial (notarial power of attorney: general, special or preventive): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €59 to €229: Our fee 29 € + notary cost of 30 to 200 € depending on the type and complexity of the power. No AJD (stamp duty) or ITP (transfer tax).. Managora's fee is €35.09, 21% VAT included (€29.00 net + €6.09 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: No AJD (stamp duty) or ITP (transfer tax). Notary cost: 30-200 € depending on the type and complexity..

Poder notarial (notarial power of attorney: general, special or preventive): how long does it take?

Granting: one visit to the notary (around 20-40 minutes). Apostilla (apostille certificate, if it is for use abroad): 1-7 days.

Poder notarial (notarial power of attorney: general, special or preventive): which documents do I need?

You need to have to hand: A valid DNI / NIE of the person granting the power., Identifying details of the attorney (name, DNI/NIE/CIF, address)., If it is a special power over a property: the Registro de la Propiedad (Land Registry) or Catastro (land cadastre) description of the property., If it is a preventive power: the details of the substitute attorneys., If it is for use abroad: the destination country and, if you know it, the format required there.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Notario competente (cualquier notario de España). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Notario competente (cualquier notario de España) ↗.

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