Powers of attorney and capacity planning in Spain
Since the 2021 reform, Spanish law no longer declares a person legally incapable. It replaced that system with support measures, and it gives priority to the ones you put in place yourself, while you still have full capacity to do so.
Request a consultationDeciding today who will decide tomorrow
Spanish law prefers the arrangements you make voluntarily to any measure a court may adopt later. Not making them does not avoid the decision. It simply hands it over to a judicial procedure, on a timetable you do not control, and to people you might not have chosen.
What changed in 2021
Act 8/2021 abolished legal incapacitation and guardianship of adults. Curatorship became assistive: it accompanies the person in the specific acts where help is needed and only exceptionally replaces them. The underlying standard changed too. Article 249 of the Civil Code requires anyone providing support to act according to the will, wishes and preferences of the person concerned, rather than what others consider to be in their best interest.
The preventive power of attorney
Article 255 of the Civil Code allows any adult to set out, in a notarial deed, the support measures relating to their person and their assets. On that basis, articles 256 and following provide two routes: an ordinary power of attorney with a survival clause, so that it does not lapse if the grantor later needs support, and a power that only takes effect once that situation arises, established in the way the grantor has specified.
Self-appointed curatorship
Article 271 allows you to propose, in a notarial deed, who should act as your curator if the need arises, and to exclude expressly anyone you do not want. The court must respect that designation unless serious circumstances unknown at the time come to light.
If you granted a power of attorney abroad
A lasting or enduring power of attorney granted in another country will not always be effective in Spain, and its recognition depends on formalities, apostille and the scope of the powers granted. In most cases the sound approach is a Spanish deed that works alongside your home country arrangements rather than against them.
Cross-border planning
Where family and assets sit in more than one country, these arrangements should be designed together with your will. EU Regulation 650/2012 allows you to choose the law of your nationality to govern your estate, a choice that must be made expressly and in good time.
How we work
These documents rarely fail because of their drafting. They fail because of the conversation that never happened: the child who finds out afterwards, the one who provided care for years and was not appointed, the one who lives far away and mistrusts the one who lives close. That is why our work does not end at the notary. We first order the decision with the person making it, and then, where it helps, we accompany the family conversation. Where disagreement already exists, we approach the matter as conflict resolution rather than litigation, working with a mediator registered with the Spanish Ministry of Justice.
Do you recognise yourself?
If any of these situations describe your current challenge, we can help.
- You live in Spain and are not sure whether the power of attorney you granted at home works here.
- You want to decide now who will assist you if you ever need it, and who will not.
- There has been a recent diagnosis in the family and you do not know what can still be done.
- Your children are spread across two countries and do not agree on your care.
- You own property or a company in Spain and fear that an unexpected situation could freeze it.
- You have been told a relative must be declared incapable and want to know whether that still exists.
Let's talk about your case
A first consultation is the best moment to assess your options. No obligation. Reply within 24-48 working hours.
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