What is needed to revoke a notarial power of attorney?

The steps

The “Código Civil de Cataluña”, the Catalan Civil Code, requires the revocation to be express and to be notified to the attorney. To do it properly, these are the steps:

• Sign the deed of revocation before a notary. It is advisable to bring your DNI (Spanish identity card) and the copy of the power of attorney or, at least, its details, namely the notary's name, the date and the protocol number, the number the notary gives each deed.
• Notify the attorney of the revocation. Normally the notary takes care of this, by means of a notarial record of notification (“acta de notificación”). It can also be done by “burofax” with certification of the text, a certified letter that proves what was communicated and when.
• Ask the attorney to return the copy of the power of attorney, something the law allows you to demand.
• The notary who authorised the power of attorney notes on the original deed that it is no longer valid. If the revocation is signed before another notary, that notary informs the first one. This means no new copies can be issued to the attorney.

If you only want to limit the power of attorney, you can revoke some powers and keep the others, or revoke it entirely and grant a new one. In most of the rest of Spain, the Spanish Civil Code (“Código civil”) also allows a power of attorney to be revoked at will and the return of the document to be demanded.

Why other people must be told

Revoking the power of attorney does not in itself stop it being used. The attorney may keep the copy they had. The note on the original deed only prevents further copies from being issued. Moreover, there is no public register in which revocations of individuals' powers of attorney are recorded and where a bank or a buyer could check them. In some cases the law protects anyone who enters into a contract in good faith with the attorney without knowing that the power of attorney has been revoked. In those cases, what the attorney does may still bind you. That is why it is advisable to notify in writing the people the attorney usually deals with on your behalf:

• The banks where you have accounts or loans.
• The managing agent of your properties, your tenants or your agency (“gestoría”).
• The public authorities before which the attorney acted for you, such as the tax authorities.

If the attorney uses the power knowing that it has been revoked, they are liable to you for any damage. If, in addition, the person who contracted with the attorney knew or ought to have known this, you are not bound by what was done and you can ask the court to declare this, after first trying to reach an agreement, as the law generally requires.

Irrevocable powers of attorney

It is an exception. The Catalan code only allows a power of attorney to be made irrevocable if it protects a legitimate interest arising from a legal relationship other than the power itself. This is the case, for example, with the power of attorney that a seller gives to a buyer who has already paid for the flat, so that the buyer can sign the deed even if the seller does not turn up. Even so, it can be revoked if that relationship ends or if there is a legitimate reason. In that case, the revocation takes effect if the attorney, once notified, does not object within the following fifteen days. If the attorney objects, the revocation does not take effect on its own and, if they fail to reach an agreement, the court will have to decide. Revoking it outside those cases has no effect.