Process of establishing a power of attorney:
The interested party, by himself or through a lawyer or lawyer, should contact the Consular section by email, where he will present his case.
He must provide the following information:
- Of the principal (s): full name, nationality, marital status, ID or passport and address of the person - or persons - who are going to grant the power of attorney.
- Of the attorney-in-fact (s): Full name, nationality, marital status, ID or passport and address of the person - or persons - to whom the power is conferred. In addition, the personal relationship with the principal will be mentioned, if any. If the power of attorney is granted in favor of Procurators or Lawyers, in addition to their professional address and collegiate number.
- Power of attorney. The object or reason for it will be determined. The Consular Section has generalized standard models, but if the standard models are not used, content prepared by a lawyer, solicitor or notary in Spain must be provided (minutes).
- If the object of the power of attorney is linked to another fact, it must be explained and documented (for example, if you want to ratify the constitution of a mortgage, you must provide the public deed of incorporation of the mortgage).
At the time the principal / s is called, they must come with the identified identity documents or passport and they will have to bring the documents referred to in the power of attorney to be verified at the time of signing the same. If not, the power of attorney may only include the mention that "the principal says ...", without being able to give any other type of certification or public faith in this regard, in which case it may be necessary, for the principal, to have to make a ratification . In these cases, the Embassy is not responsible for the power of attorney being sufficiently precise or valid enough to be accepted.
If there are several principals, they will all come simultaneously. If they cannot all come simultaneously, several powers of attorney will be made - with identical content - so that the signature takes place separately and each and every one of them will be charged.
The powers of attorney are granted indefinitely, unless the principal indicates a specific term. In any case, they can be revoked at any time before the Consul in notarial functions, or before any Notary in Spain.
Powers granted before Swedish Notarius Publicus are generally valid in Spain, provided that the Notary's signature and the translation of the power of attorney from Swedish into Spanish are legalized by the Hague Apostille. It should be noted that since in the Swedish system the Notarius Publicus does not enter into many aspects of the content and form of the power of attorney, as a Spanish Notary does, it could be that the Swedish power of attorney was not accepted in Spain.
Revocation of powers
The Powers of Attorney, as Public Documents, must be revoked through a Deed of Revocation. If you wish to revoke a power of attorney granted before a Spanish notary, so that it ceases to have effect, a Deed of Revocation may be granted at the Consulate even if the power to revoke has not been granted at this Consulate.