Authorised person on a bank account: what they can do if the holder can't sign (Spain)
Anuxis · Reviewed by David Merinas, founder ·
In Spain, an authorised person on a bank account (an autorizado) can usually withdraw money, make transfers and pay bills, but the money is not theirs and they cannot close the account or change its terms. It is one of three ways to deal with the bank of a relative who, because of a hospital stay or an accident, cannot sign: being an authorised person, being a joint holder or holding a notarial power of attorney. All three are set up while the person can still sign. If there is none of them, there is the guarda de hecho (de facto guardianship), which allows the basics; for anything more, a judge is needed.
What an authorised person on a bank account can do
According to the Banco de España (Spain's central bank), with a general authorisation the authorised person can usually:
- withdraw money;
- make transfers;
- set up direct debits and pay bills;
- check the balance and transactions, and ask for information;
- use a card, if the bank gives them one.
And they cannot:
- treat the money as theirs: it still belongs to the account holder;
- close the account, or change the holders or the terms;
- ask for the account to be blocked;
- keep operating it if the account holder dies.
Exactly what they can do depends on the authorisation document signed with the bank. The account holder can withdraw or change it whenever they like, and the authorised person can give it up. And being an authorised person does not free them from answering for the transactions they make.
Is it still valid if the account holder can no longer decide?
The Banco de España does not say. The closest guide is the Spanish Civil Code, which says that powers and mandates in general end by revocation, by renunciation, by death, or when a judge appoints a curador (a court-appointed representative) for the person (art. 1732), and not simply because the person can no longer decide. Even so, the bank may ask for more. If your family is relying on an authorisation for a situation like this, ask your bank how it treats it.
If you are a joint holder of the account
It depends on how the account was opened:
- Joint and several (indistinta or solidaria): any of the holders can use the whole balance with their signature alone.
- Joint (mancomunada or conjunta): all the signatures are needed. If one holder cannot sign, no money can be withdrawn.
If nothing was agreed when it was opened, it is taken to be joint (mancomunada). And being a holder does not mean owning the money: holding the account says who can operate it, not whose funds they are (Banco de España).
If you hold a notarial power of attorney
With a power of attorney, you act on the other person's behalf within the scope the document sets out. An ordinary power of attorney ends if a judge appoints a curador for that person; the poder preventivo (preventive power of attorney) includes a clause so that it stays valid exactly when it is needed.
If nothing has been prepared: de facto guardianship
Since the 2021 reform (Ley 8/2021), the Civil Code recognises de facto guardianship: the person who already looks after someone who needs support can help them without going to court. With the bank, according to the Banco de España, the de facto guardian can:
- open an account for them and have their pension, salary and bills paid into and out of it;
- withdraw small amounts of money for their basic needs: “retiradas de efectivo de escasa cuantía” (small cash withdrawals), in the words of the Banco de España, which in 2026 presented the guide drawn up by the Public Prosecutor's Office and the banks. The maximum is set in the declaración responsable you sign with the bank.
How it is proved. The bank may ask you for a document signed by both of you, if the person can sign it, statements from the family or reports from social services. If you are not close family and the person cannot express their wishes, the bank will ask you to prove a prior relationship or to bring an acta de notoriedad: a document in which a notary records that you look after that person. You will also sign a declaración responsable: a written statement in which you commit to the bank to certain limits, such as the maximum amounts you will withdraw.
Where it stops. To sell, mortgage or carry out any transaction of economic importance, court authorisation is needed. And one caveat: the law has in mind people who need support to exercise their legal capacity, and says nothing specific about a hospital stay of a few weeks, so in that case the bank will have to assess it.
Authorised person, joint holder, power of attorney or de facto guardianship
| Does it have to be prepared in advance? | How you get it | What it allows | |
|---|---|---|---|
| Authorised person | Yes, the account holder signs it with their bank | An authorisation document | Operating that account, without the money being yours |
| Joint holder | Yes, the account holder and the new joint holder sign it with the bank | Changing who holds the account | Operating as a holder; in a joint (mancomunada) account all signatures are needed |
| Preventive power of attorney | Yes, the account holder signs it before a notary | A notarial deed with a continuation clause (cláusula de subsistencia) | Whatever the power says: one bank, all financial matters or more |
| De facto guardianship | No: it is proved when needed | Documents proving that you look after the person | Opening an account, setting up direct debits and withdrawing small amounts; anything important, with a judge |
Frequently asked questions
Can the authorised person withdraw money if the account holder is in hospital?
If the account holder is in hospital but can still decide, usually yes: the authorisation remains valid until they withdraw it. If they can no longer decide, see the section above. In both cases, check with the bank what the signed document says.
Is the authorised person answerable for what they do?
Yes. The Banco de España points out that being an authorised person does not free them from answering for the transactions they make.
What can a de facto guardian do at the bank?
Open an account for the person they look after, have that person's income and bills paid into and out of it, and withdraw small amounts for their basic needs, within the limits set in the declaración responsable. For anything else they need court authorisation. The details are in the Banco de España guide.
Authorised person or joint holder?
An authorised person can operate the account but is not a holder, and the authorisation is easy to withdraw. A joint holder is a holder as far as the bank is concerned: in a joint and several (indistinta) account they can use the whole balance with their signature alone, even though the money is not theirs. For someone to be able to pay your bills if you cannot, an authorised person is usually enough and is easier to undo.
What you can prepare today
- Write down which bills are paid from each account. It is the first thing whoever steps in will need: knowing which payments cannot bounce.
- Check how your accounts are set up. If you share one with your partner, check whether it is joint and several (indistinta) or joint (mancomunada).
- Choose between an authorised person and a preventive power of attorney, and take the step. For an authorised person, ask your bank for the authorisation document; for the power of attorney, book an appointment with a notary. The first is simpler; the second covers much more than one account.
- Write down where everything is, in a single place that someone knows about. The important documents list will serve as your guide.
De facto guardianship is the last resort, not a plan: everything above is easier if it is prepared in advance.
This guide summarises criteria published by the Banco de España and what the Spanish Civil Code says; it is not legal advice. If the situation has already arisen, your bank and a notary will tell you which documents you need in your case.