Preventive power of attorney in Spain: what it is, cost and how it differs from a general power

In Spain, a poder preventivo (a preventive power of attorney) is a notarial power of attorney that stays valid even if one day you need someone else to look after your affairs: paying bills, dealing with the bank, signing on your behalf. You sign it before a notary while you can understand and decide what you are signing, and in it you choose who you give that power to, for what and with what limits. That way your family does not have to ask a judge's permission for what you left decided in writing.

Preventive power of attorney or general power of attorney: the difference

The two words refer to different things. “General” refers to scope: a general power of attorney covers all your affairs, and a special one only some (art. 1712 of the Civil Code). “Preventive” refers to when it is valid: it keeps working when you need support.

An ordinary power of attorney ends if a judge appoints someone to represent you, a curador (art. 1732). A preventive one, on the other hand, stays in force even if other support measures are put in place (art. 258). It is governed by articles 256 to 262 of the Spanish Civil Code, since the 2021 reform.

That is why a power of attorney can be both at once: preventive and general.

The two ways of doing it

• With a continuation clause (cláusula de subsistencia). This is a power of attorney that is valid from today and includes a clause so that it carries on if in the future you need support. The person who receives it can use it from the first day.
• For the future only. It is not valid until you need support. You set out in the power of attorney how that moment will be established; if needed, a notarial record is drawn up with an expert's report (art. 257).

The first is more practical. The second reassures people who do not want anyone acting on their behalf while they can still manage on their own.

Can they sell your home?

Only if the power of attorney says so. If it is a general preventive power of attorney and says nothing about selling, the person holding it follows the rules of curatela (curatorship) for everything the power does not cover (art. 259), and those rules require court authorisation to sell or mortgage a home, among other things (art. 287). If you want them to be able to do it without going to a judge, it has to be in writing.

One person or several: joint or several

You can give the power of attorney to more than one person and decide how they act, because the law lets you set the conditions and the safeguards (art. 258):

• Several (solidario): any of them can act alone. It is the most flexible.
• Joint (mancomunado): they have to act together. It gives more control, but if one of them cannot or will not carry on, the other is stuck. It is a good idea to name a substitute.

You can also combine them: for example, several for day-to-day matters and joint for important ones.

What you can decide, and the safety net

• Who you give it to, and whether to one person or several.
• For what: just for the bank, for all financial matters or for all your affairs.
• With what safeguards: that they give an account of what they do, that they need another person's signature for certain things, or when it ends.

And if the person who holds it does not act properly, your family can ask a judge to take it away (art. 258).

A detail worth knowing: if you give it to your partner and you stop living together, the power of attorney ends automatically, unless you say otherwise in the document or the separation is because you have been admitted to a care facility (art. 258).

How it is done

1. You book an appointment at any notary's office in Spain and say you want a poder preventivo.
2. They will ask for your identity document and the details of the person or people you are giving it to.
3. The notary checks that you understand what you are signing, drafts the deed and you sign it.
4. The notary's office reports it to the Registro Civil (Spain's Civil Registry) on its own, and the registry notes it in your individual record (art. 260). It is protected information (art. 83 of the Civil Registry Act): it can only be consulted by you, by your attorney if the power is general, and by the authorities and officials who need to check it, such as a judge or a notary (art. 84).

Do you need to bring a template? No. The notary drafts it from what you tell them. What does help is to have thought beforehand about who you are giving it to, for what and with what safeguards.

Cost of a preventive power of attorney

Notaries charge according to an official fee scale (the arancel), the same throughout Spain, with a possible discount of up to 10% (art. 35 of Royal Decree-Law 6/2000). The scale sets €30.05 for a power of attorney; from the fifth sheet of the deed onwards, €3.01 for each written side; and €3.01 for each sheet of the copies you are given.

An example, using those figures: a deed of six sheets written on both sides (€30.05 + the 4 sides of the fifth and sixth sheets × €3.01) and one copy of those six sheets (6 × €3.01) come to about €60, and with VAT (IVA), about €73. It is an example, not a quote: the final amount depends on how long your power of attorney is, how many copies you ask for and other costs. Neither the Notariado (the body of Spanish notaries) nor any official body publishes a fixed price, so ask the notary's office for a quote before your appointment.

Is it only for older people?

No. An accident or a long hospital stay can happen at any age. And without a power of attorney, the family depends on the bank accepting a de facto guardianship (guarda de hecho) for small things and on a judge for everything else. We explain it in what an authorised person can do and what options there are if a relative cannot sign.

Frequently asked questions

What if there is already a diagnosis, such as early-stage Alzheimer's?

It can be signed as long as the notary judges that the person understands what they are signing: the notary attests that, in their judgement, the person signing has capacity (art. 17 bis of the Notaries Act). You do not need to be perfectly well: you need to be able to decide on the day of signing, and that is why the sooner, the better. Anyone with a disability can sign with the support they need, such as easy-to-read text, pictograms or an interpreter (art. 25).

The law used to speak of “incapacity”; since 2021 it speaks of “needing support”.

Can it be cancelled?

Yes, whenever you like, and you can ask for the copy to be returned to you (art. 1733 of the Civil Code). Tell that person and your bank straight away: what they do with others who do not know may still be valid (art. 1738).

Can I give it to my partner or my children?

Yes, to whoever you like. With a partner, remember that it ends if you stop living together, unless you say otherwise in the document.

Does the person I give it to have to sign it?

No. They accept it when they use it (art. 1710). To use it they will need the copy of the power of attorney that the notary's office gives you, so it is a good idea for them to know where it is.

What a power of attorney does not do

It gives someone permission to act, but it does not tell them where things are. Whoever holds your power of attorney will still need to know which banks you use, which bills you pay, where the deeds are or which insurer to call. That is what having everything in one place is for: it can be a folder at home or a service like Anuxis, which gets it to that person if one day you stop responding to its reminders.

This guide summarises what the Spanish Civil Code, the Notaries Act, the Civil Registry Act and the notarial fee scale say; it is not legal advice. Before you sign, the notary will explain what suits you in your case.