Sworn translation of a power of attorney (POA / procuration) for use in Spain

The power of attorney —Power of Attorney in English, procuration notariée in French— is one of the most important documents in international legal practice. It enables one person to authorise another to act on their behalf in specific transactions: buying property, selling, accepting an inheritance, opening a bank account, representing in court. For a POA granted abroad to take effect in Spain, sworn translation into Spanish is essential — and it pays to know what the Spanish notary expects before commissioning it.

Types of power of attorney

Identifying the type of POA matters because it changes the content and the translation:

• General POA: authorises the attorney to act across a wide range of the grantor's acts. Useful for global representation.
• Specific POA: limited to specific acts listed expressly (for instance, "to sell registry property X in Calp"). The most common in property and inheritance operations.
• Lasting / Enduring POA: granted in anticipation of future incapacity of the grantor. It has a specific legal regime that translation must respect.
• POA for litigation: specifically for judicial proceedings (procurador, lawyer).

UK power of attorney

In the UK, a POA is typically a General Power of Attorney, a Specific Power of Attorney or a Lasting Power of Attorney (LPA) depending on scope. The LPA is the equivalent of the Spanish poder preventivo and exists in two modalities: Property and Financial Affairs LPA and Health and Welfare LPA.

For a UK POA to take effect in Spain:

1. Granted before a solicitor or notary public in England and Wales, or a notary in Scotland or Northern Ireland.
2. Apostilled by the Foreign, Commonwealth & Development Office (FCDO) in Milton Keynes.
3. Translated into Spanish by a MAEC-accredited sworn translator.
4. Raised to public deed before a Spanish notary if the destination requires it (property purchase, land registry, inheritance).

French power of attorney (procuration notariée)

In France, a mandat or procuration can be granted as a private act or as an authentic act before a notaire. For use in Spain with registry effects (property, inheritance), a procuration notariée —granted before a French notaire in authentic form— is required.

For a French procuration to take effect in Spain:

1. Granted before a French notaire.
2. Apostilled at the competent Cour d'Appel.
3. Translated into Spanish by a MAEC sworn translator.
4. If the destination is the French Consulate in Barcelona or a specifically French procedure, the sworn translator's signature can be additionally notarised.

What the Spanish notary requires

The Spanish notary receiving a foreign POA checks several items:

• Identification of the grantor: full name, passport/DNI number, address.
• Identification of the attorney: same.
• Specific powers granted: described with enough precision for the Spanish notary to determine whether they cover the act being performed.
• Term: if the POA does not specify a term, Spanish law applies until revocation. English law, by contrast, may have a General Power of Attorney automatically expire on the grantor's incapacity (exception: registered LPA).
• Form: the foreign POA must be properly authenticated (notarial or consular) and apostilled.

Common mistakes

• Translating before apostilling. The Apostille is part of the document and gets translated too.
• A general POA when a specific one is needed. For property operations, Spanish notaries usually require a specific POA with a concrete description of the property.
• Unregistered UK LPA at the Office of the Public Guardian. Without registration, the LPA has no effect.
• French procuration sous seing privé. If the Spanish operation requires an authentic act (sale, inheritance), a private-act procuration is not enough — it must be a procuration notariée before a notaire.
• Forgetting earlier revocations. If the grantor had granted a prior POA, it is wise to revoke it explicitly to avoid conflict.

Typical timelines to use a foreign POA in Spain

1. Grant before notary / notaire: 1-3 weeks (with appointment).
2. Apostille (FCDO in UK; Cour d'Appel in FR): 1-2 weeks.
3. Shipping the original to Spain: 3-7 days by certified courier.
4. Sworn translation into Spanish: 24-72 hours at Textualia.
5. Use before the Spanish notary: appointment in 2-4 weeks for the operation.

A reasonable total: 5-8 weeks from grant to signing in Spain.

In short

A power of attorney is a technical piece that the sworn translation must respect precisely: faculties, terminology (apoderado, mandant, mandataire, attorney-in-fact, donor) and form. At Textualia we translate UK POAs (General, Lasting, deed of trust) and French POAs (procuration notariée générale, procuration notariée spéciale, mandat de protection future) into Spanish to a closed turnaround. The sworn translator's signature is recognised by notaries throughout Spain and, for the French pair, also by the General Consulate of France in Barcelona.