A special power of attorney (poder especial) is a public document executed before a notary by which one person (the grantor) gives another (the attorney-in-fact) specific, limited powers to act on their behalf in certain specific acts or legal transactions.
What is it for?
- Authorising someone to carry out one-off procedures or formalities
- Buying, selling or managing a specific asset
- Representation in a particular court case or legal proceeding
- Entering into specific, clearly defined contracts or agreements
What does the notary do?
- Receives the request and the details of the parties involved
- Drafts the power of attorney with the specific powers being granted
- Verifies the identity and legal capacity of the grantors
- Signs and officially attests to the granting of the power of attorney
- Registers or files the document in accordance with the applicable legislation
Main features
- Limited, specific powers
- A set period of validity, or until the act has been completed
- A clear relationship between grantor and attorney-in-fact
- It must be executed before a notary to have public validity
Important considerations
- A special power of attorney does not entitle the attorney-in-fact to carry out acts beyond those specified
- It may have a fixed or conditional duration
- It protects the grantor by limiting the powers conferred
- It can be revoked by the grantor at any time
Legal value
A special power of attorney executed before a notary has full legal value, as it is a public document guaranteeing the authenticity and legitimacy of the mandate conferred, and it can be presented to authorities, banks and other institutions.