Power of attorney to grant suretyships or guarantees

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It is a public document authorised by a notary through which you grant another person (attorney-in-fact) the legal authority to act on your behalf to sign as a surety or guarantor in financial contracts.

This power allows you to guarantee loans, mortgages, credits, leases, or other financial obligations without needing to be physically present at the time of signing.

This power of attorney is necessary when:

• You reside abroad and a family member needs your guarantee for a mortgage or loan in Spain
• Your work or personal commitments prevent you from attending in person to sign as a guarantor
• You have mobility limitations that make it difficult to travel to financial institutions
• You want another person to legally represent you in assuming financial guarantees
• You need to expedite guarantee procedures without unnecessary travel

For legal validity, the power of attorney must clearly specify:

• The complete identity of the grantor (person granting the power) and the attorney-in-fact (person receiving it)
• The specific act being authorised: to provide surety, guarantee, or secure obligations
• The type of financial commitment to be guaranteed (loan, mortgage, lease, etc.)
• Financial limits of the guarantee, if any
• Entities or persons before whom the power may be exercised
• Duration of the power (temporary or indefinite)
• Any specific condition or restriction established by the grantor

Yes, you can grant this power completely digitally through Notario.org via video conference with a registered notary in Spain.

You only need:

• Stable internet connection
• Digital certificate or electronic ID
• Valid passport or identity document
• Information about the financial commitment to be guaranteed

The process is conducted via secure video conference and the electronic signature has the same validity as an in-person signature before a notary.

Providing a guarantee means you are liable with your personal assets if the principal debtor fails to meet their payment obligations. The main risks are:

• Full asset liability: your assets may be seized to cover the debt
• Impact on your credit capacity: the guarantee appears in credit registers
• Joint liability with the debtor: the institution can claim directly from you without first pursuing the debtor

Therefore, it is essential that the power of attorney is clear, specific, and granted with proper legal advice. Our notaries explain all legal implications in detail before you sign.

The complete process is done in less than 24 business hours:

• Sending documentation: 10 minutes
• Drafting by notary: 2-4 hours
• Video conference and signature: 15-20 minutes
• Receipt of legalised document: immediate after signing

Once digitally signed, you receive the power of attorney with immediate legal validity to present to any financial institution or registry in Spain.

You must provide:

• Valid ID, NIE, or passport of the grantor
• Complete details of the attorney-in-fact (name, surname, ID/NIE)
• Detailed information about the financial commitment to be guaranteed: type (loan, mortgage, lease), amount, financial institution, beneficiary
• Digital certificate or electronic ID for digital signature
• Copy of the contract or draft of the commitment you will guarantee (if available)

Yes, a power of attorney granted before a registered notary in Spain has full legal validity throughout the national territory and is accepted by:

• All banking institutions and savings banks
• Credit cooperatives and financial entities
• Land Registries
• Public administrations
• Leasing and financing companies
• Insurance companies and other entities requiring guarantees

The document has the same value as if you had granted it in person at a physical notary office.

Yes, you can and should establish specific limits to protect your interests:

• Maximum financial limit of the guarantee
• Specific type of operation (mortgages only, personal loans only, etc.)
• Specific entity before which it may be exercised (a specific bank)
• Temporal duration of the power
• Specific beneficiary of the guarantee (a specific person)

The notary drafts the power of attorney including all the limitations and conditions you wish to establish, ensuring the attorney-in-fact can only act within those limits.

Yes, you can revoke the power at any time as long as it has not been exercised (i.e., as long as the attorney-in-fact has not already signed as a guarantor).

To revoke the power you must:

• Grant a revocation deed before a notary
• Notify the attorney-in-fact of the revocation
• Communicate the revocation to the entities before which the power was to be exercised

Once the attorney-in-fact has signed the guarantee, the power is consumed in that act and your obligation as a guarantor is established regardless of the power.

The cost includes:

• Notarial fees for drafting and authorisation of the document
• Secure video conference service
• Certified electronic signature
• Personalised legal advice
• Delivery of the legalised digital document

Request a no-obligation quote through the form. We will provide you with a fixed price before starting the procedure, with no surprises or hidden costs.

Although they are often used synonymously, there are legal nuances:

Surety: It is a personal guarantee where you commit to fulfil the obligation if the debtor does not. It can be subsidiary (they claim from you after pursuing the debtor) or joint (they can claim directly from you).

Guarantee: It is an autonomous guarantee, generally joint, where your obligation is independent. The institution can claim directly from you without needing to first pursue the principal debtor.

In Spanish banking practice, both terms are used for personal guarantees with joint liability. The notary will explain the exact scope according to the type of contract to be guaranteed.