How to revoke a power of attorney in Spain and what to review when the engagement ends

A notarial power of attorney allows another person to act in your name within the faculties granted. When the transaction ends, or when you decide to change representative, it is worth reviewing whether you want to keep that authorisation.

Completing a sale, changing lawyer or ending work with an adviser should not be confused with formalising and notifying the revocation of a power.

This article focuses on ending or changing the representation and on organising what is still pending.

At MH Legal & Seguros we explain the main checks for organising a revocation and for making sure no step or authorisation is left unreviewed.

Can a notarial power of attorney be revoked?

In general terms, yes. The Civil Code recognises the possibility of revoking the mandate and governs how the revocation is communicated and its effects against third parties.

The Notariat puts it clearly: a power may be revoked at any time, always before a notary, by granting a revocation deed.

Before acting, the type of power and its content must be reviewed. Preventive, corporate or relationship-specific powers may need their own analysis.

This guide deals with the ordinary revocation of powers used for matters such as sales, inheritances and other engagements.

When to review whether it should be revoked

A review may be appropriate where:

• The transaction for which it was granted has ended.
• You are changing representative.
• You want to reduce the faculties granted.
• The circumstances of the engagement have changed.
• You no longer need that person to act.
• There are doubts about outstanding steps.

Not every situation calls for the same solution. A revocation, an amendment or a different arrangement of the faculties may be appropriate. What matters is deciding expressly.

First, identify which power you granted

Before preparing the revocation, locate:

• The date of granting.
• The notary or authority that authorised it.
• The protocol number or other identifying details.
• The principals and attorneys.
• The faculties and limits.
• Any substitutions.
• The copies available.

If several powers exist, prepare a separate list. Revoking one does not mean the others cease to have effect.

A copy of the document will help to start the review. If you do not have one, provide the details available so that it can be traced.

How the revocation is formalised

For an ordinary notarial power, the usual route is to grant a revocation deed.

The General Council of the Notariat explains that it may be formalised before the same notary who authorised the power or before a different one. In the latter case, the first notary is notified so that a note is extended on the original deed stating that the power has ceased to have effect.

That note has a specific purpose: to prevent a new copy being issued to the attorney if requested in order to keep using the power.

When arranging the appointment, state clearly which power you wish to revoke, in respect of which persons and with what scope. Do not assume that destroying a copy or sending an informal message is enough.

Notifying the attorney is essential

The revocation must be accompanied by a proper organisation of the notices.

According to notarial information, the notary communicates the revocation to the attorney and asks for the return of the copia autorizada. In practice, the principal should know and confirm how that notice will be served.

Provide an address and the contact details available. Confirm:

• Who will give the notice.
• By what means.
• What record will remain.
• What to do if it cannot be served.
• Whether any signing is imminent and needs immediate attention.

It is better not to wait for a signing already scheduled before reviewing these points.

What happens to copies of the power

The return of the copia autorizada held by the attorney should be requested.

The Notariat describes that recovery as an important practical measure, so that the document is not still presented as proof of the representation.

Keeping a copy physically does not, however, mean the attorney may still use it validly once the revocation is known. Holding the document and the faculties remaining in force are different questions.

A resolution published in the Official State Gazette illustrates this with a real case: a sale granted by attorney was presented, and the sellers informed the registry that the power had been revoked and that the revocation had been served on the attorney the day after it was granted.

If the copy is not returned, report that to the professional organising the revocation.

Should banks, buyers or other parties also be told?

It is necessary to review who knows about the power and before whom it was being used.

The Civil Code contains specific rules where the mandate was granted to contract with particular persons, and on steps carried out in ignorance of its termination as against third parties in good faith.

Prepare a list of possible recipients:

• Notaries preparing a signing.
• Banks and financial institutions.
• Buyers or sellers.
• Professionals involved in the file.
• Public bodies or authorities.
• Other parties interested in an inheritance.

This does not mean every one of them must always be told. Which notices are necessary, and how to evidence them, has to be determined.

Changing adviser also means organising the file

Revoking the power and closing the engagement are related but distinct questions.

When changing representative, keep these apart:

The aim is that no step is left without a responsible person during the handover.

Does revocation undo what has already been signed?

That should not be assumed.

Revoking the representation for future steps is not the same as automatically cancelling earlier contracts, payments or deeds.

If you question a step already carried out, it must be analysed separately: the content of the power, the instructions, the dates, knowledge of the revocation and the circumstances of those involved. Do not use revocation as a substitute for reviewing a possible breach.

Review authorisations before the tax agency separately

There may be authorisations registered with the AEAT in addition to the notarial power. They are different registers, handled through different routes.

The Spanish tax agency allows the authorisations granted to be consulted and revoked through the enabled procedures, including its online office, and states that a revocation takes effect from the moment it is reliably communicated to the AEAT.

Check in particular who will be able to receive notifications after the change. Do not withdraw an authorisation without organising how notifications and open files will be handled.

Can the power be revoked from abroad?

Formalising the revocation before a Spanish consular office with notarial functions can be considered.

The Frankfurt consular page expressly provides for revocation deeds, which may be granted at that office regardless of whether the power was authorised by a notary in Spain or by another consul.

Where the power or the revocation has foreign elements, the formalities and the notices required must be reviewed.

Frequently asked questions

Do I need the attorney’s consent?

In ordinary revocation the decision rests with the principal. Special cases must be reviewed and the notice organised.

Must I go to the same notary?

Not necessarily. Another notary may act, with the notice to the original notary coordinated.

Is getting the copy back enough?

The position should not be treated as resolved by the physical handover alone. Review the formalisation and the relevant notices.

Does appointing someone else automatically end any earlier power?

That should not be assumed without reviewing the documents and the notices. The Civil Code contains a rule on appointing another agent for the same matter and on the earlier agent knowing of it.

Does revocation also cancel authorisations with the tax agency?

Not on its own: check and deal expressly with the authorisations registered with the authority.

Close the representation with a complete review

Revoking a power requires identifying the document, formalising the decision and organising the notices, the copies and the pending steps.

Reviewing the scope in advance avoids leaving a signing or a deadline without a responsible person during the handover.

At MH Legal & Seguros we advise international clients and coordinate the review of powers, their revocation and the handover of files with the notaries and professionals involved.

Contact our team to review your current powers and organise their revocation where appropriate.