How to Use Your Preventive Power of Attorney in Spain: Practical Q&A

This article is a practical follow-up to our main guide on the Preventive Power of Attorney in Spain.
In that guide we explain what it is, who needs it and how to set it up before a notary. You can read it here: Living Abroad? What You Should Know About Spain’s Poder Preventivo (Preventive Power of Attorney)

Here, we answer a different question:

“I have already signed my Preventive Power of Attorney in Spain… what do we actually do with it now?”

Below you will find short questions and answers you can share with your family and with the person you appointed as your attorney-in-fact.

---

1. Where should I keep the document?

Keep the original deed of your Preventive Power of Attorney in Spain:

• In a safe but accessible place (not in a bank box that nobody can open).
• Tell your attorney-in-fact exactly where it is.
• Ask the notary for a few authorised copies for banks, lawyers and institutions.
• Keep a scanned copy in a secure digital folder.

If your attorney-in-fact cannot find the document, they cannot use it.

---

2. Who should know that the Preventive POA exists?

At minimum:

• Your attorney-in-fact.
• Any substitute attorneys-in-fact named in the deed.

Depending on your family situation, it is also useful to inform:

• Your partner or spouse.
• The adult child(ren) or close relative(s) you trust most.

They should know that:

• There is a Preventive Power of Attorney in Spain in place.
• Who is appointed to act if help is needed.

---

3. When can my attorney-in-fact start using it?

It depends on the wording of your deed:

• If it is immediate and preventive, the attorney-in-fact can help you now with daily matters, always respecting your wishes.
• If it is conditional on loss of capacity, it usually requires:
  • Specific medical reports, and/or
  • A notarial declaration confirming that the conditions in the deed are met.

Keep, together with the deed:

• The name and contact details of your GP / main doctor and health centre.

This makes it easier for your attorney-in-fact to obtain the necessary reports.

---

4. What is the first step with the bank?

For the attorney-in-fact, the basic steps are:

1. Go to the bank branch with:
   • An authorised copy of the Preventive Power of Attorney.
   • Their ID (DNI, NIE or passport).
2. Ask the bank to:
   • Register the Preventive Power of Attorney in Spain in their system.
   • Recognise the attorney-in-fact as legal representative to:
     • Operate accounts.
     • Manage direct debits and payments.
     • Manage investments, if this is authorised in the deed.

Whenever possible, it is best if grantor and attorney-in-fact go together while the grantor still has full capacity.

---

5. What if the bank is reluctant or says “no”?

If the bank has doubts:

• Ask them to give their position in writing.
• Remind them that the document is a public notarial deed, valid in Spain.
• Suggest that they consult their legal department or the notary.
• If the problem continues, contact a lawyer to speak with the bank or send a formal letter.

Often, once legal and compliance departments have checked the deed, the bank accepts it.

---

6. How is it used with doctors, hospitals and care homes?

When there are important medical decisions, hospital admission or admission to a care home, the attorney-in-fact should:

• Take:
  • A copy of the Preventive Power of Attorney.
  • Their own ID.
• Explain that the deed includes personal or health-care powers, if this is stated in the text.
• Ask for their name and role to be written in the medical record as:
  • Person of reference, and/or
  • Legal representative, depending on the case.

If there is a Living Will / Advance Directives, it should be shown together with the Preventive POA.

---

7. What records should the attorney-in-fact keep?

Good practice is to keep clear, simple documentation of:

• Bank statements showing important transactions.
• Invoices and receipts for major expenses.
• Copies of contracts (for example, sale of property or large investments).

This protects both the grantor and the attorney-in-fact and avoids future misunderstandings within the family.

---

8. Can the attorney-in-fact make gifts or benefit personally?

Only if:

• The Preventive Power of Attorney in Spain clearly authorises this, and
• The benefit is consistent with the grantor’s wishes.

As a general rule:

• The attorney-in-fact should not use the grantor’s assets for their own benefit without clear authorisation.
• If in doubt, they should seek legal advice before making gifts or transfers.

---

9. How often should we review the Preventive Power of Attorney?

We recommend a review:

• Every 3–5 years, and
• Whenever there are important changes in:
  • Family situation (marriage, divorce, death, new conflicts).
  • Assets (sale or purchase of property, moving to another country, large inheritance).

While the grantor has capacity, they can:

• Revoke the existing Preventive Power of Attorney in Spain.
• Sign a new deed with updated terms and, if necessary, a different attorney-in-fact.

---

10. What if the attorney-in-fact cannot or does not want to act?

If the deed includes substitute or joint attorneys-in-fact, the next person named will usually act.

If there is no substitute:

• If the grantor still has capacity, they can grant a new Preventive Power of Attorney.
• If not, the family may need to request judicial support measures.

In both cases, legal advice is highly recommended.

---

If you, your family or your attorney-in-fact have doubts about how to apply your document in a specific situation (sale of property, gifts, admission to a care home, etc.), it is important to obtain personalised advice based on your exact deed and circumstances.

At CostaLuz Lawyers we work daily with international clients who live in Spain or plan to move here and want clear, humane and practical support for their future care and decision-making.

What Our Clients Say About Us

You can read testimonials from hundreds of satisfied clients, going back to 2006, on our website, on Google Reviews and on EyeonSpain.

Reviewed by María de Castro, Abogado no. 2745, Ilustre Colegio de Abogados de Cádiz. CostaLuz Lawyers has supported international buyers since 2006 on EyeonSpain with clear guidance and due diligence for Spanish property purchases. Included in the lawyers lists of the UK and Ireland embassies. Updated 16 Nov 2025.