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Power of attorney in Spanish and English — both in one document

For the cross-border case in Spain: one document, the binding Spanish version and a English translation side by side.

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At a glance

A power granted in general terms covers only acts of administration — to sell, mortgage or otherwise dispose of assets the agent needs an express mandate — CC art. 1713, as of 1889.
For acts that must be executed in a public deed, a private-form authorisation is not enough — the power itself must be granted in a public document — CC art. 1280.5, as of 1889.
The agent is liable not only for wilful misconduct but also for negligence — courts apply a stricter standard of care when the mandate is paid — CC art. 1726, as of 1889.
The principal may revoke the power at any time at will and require the agent to return the instrument — CC art. 1733, as of 1889.
The mandate ends by revocation, the agent's renunciation, death or insolvency of either party, support measures affecting the agent, or a representative curatorship over the principal — CC art. 1732, as of 2021.
A power may be express or tacit — the express one may be granted by public or private instrument or even orally — CC art. 1710, as of 1889.
An anticipatory/enduring mandate (mandato preventivo) is not extinguished by a later representative curatorship over the principal but subsists as an exception — CC art. 1732.5, as of 2021.
Voluntary representation rests on the contract of mandate: a person undertakes to render a service or do something for the account or on the instructions of another — CC art. 1709, as of 1889.

Not one language per country — both sides read the same binding version

Template shops give you a Spanish-only or English-only version. DUOLEXX generates both in a single document, grounded in Spain civil law — the receiving party understands exactly what they sign and it stays enforceable in Spain.

Governing Language Version

This document consists of two language versions. In the event of any discrepancy or question of interpretation, the version in the governing legal language (Español) shall prevail; the English version is a translation provided for convenience.

Frequently asked questions

Can a power of attorney in general terms be used to sell property or assets in Spain?

No. A power granted in general terms covers only acts of administration; to sell, mortgage or dispose of assets the agent needs an express mandate (CC art. 1713, as of 1889).

Does the power of attorney have to be notarised?

For acts that require a public deed (e.g. selling real estate, a general litigation power), the power itself must be granted in a public document; otherwise it may be public, private or even oral (CC art. 1280.5 and art. 1710, as of 1889).

Can I revoke the power later?

Yes. The principal may revoke the power at any time at will and require the agent to return the instrument (CC art. 1733, as of 1889).

Is the agent liable if they make mistakes?

Yes. The agent is liable not only for wilful misconduct but also for negligence; courts apply a stricter standard when the mandate is paid (CC art. 1726, as of 1889).

When does the power end automatically?

It ends by revocation, the agent's renunciation, death or insolvency of either party, support measures affecting the agent, or a representative curatorship over the principal; an enduring mandate (mandato preventivo) exceptionally subsists (CC art. 1732 and art. 1732.5, as of 2021).

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