A delegation of power of attorney (subapoderamiento) is the act whereby an attorney-in-fact, who already holds powers granted by the grantor, delegates all or some of those powers to another person, known as the sub-attorney, so that they can act on their behalf.
What is it for?
- Delegating powers to make representation and management easier
- Allowing another person to act with the powers granted to the attorney-in-fact
- Speeding up legal or administrative procedures and formalities
- Preserving the validity and formality of the original power of attorney
What does the notary do?
- Receives the attorney-in-fact's request to grant the delegation
- Drafts the document or deed formalising the delegation
- Verifies the identity and capacity of the attorney-in-fact and of the sub-attorney
- Formally attests to, signs and seals the document
Main features
- It may be full or partial, depending on the powers delegated
- It must be in writing and executed before a notary to be legally valid
- The sub-attorney acts on behalf of the attorney-in-fact, not directly on behalf of the grantor
- It takes legal effect from the moment it is formally executed
Important considerations
- The grantor must expressly allow delegation in the original power of attorney
- The scope and duration of the delegation can be specified
- It is advisable to notify interested third parties where applicable
- It safeguards the continuity and effectiveness of the powers conferred
Legal value
A delegation of power of attorney has full legal force, as it is a formal mechanism that allows the powers conferred to be extended while maintaining legal certainty and validity.