A power of attorney is a document that allows a legal professional to handle a specific legal case. 

How does one go about obtaining one? What types of powers of attorney exist? What documents are needed to obtain one? Find out everything about this and other questions throughout this article. 

What is a power of attorney?

According to the No. 1 of article 262 of the civil code, In Portuguese, a power of attorney is a document through which one person (the principal) grants another (the attorney) the power to represent them in performing certain acts on their behalf.

What types of power of attorney exist?

Within powers of attorney, there are two main types, each with its own particular characteristics. These types of powers of attorney include:

A public power of attorney: Always done by a notary, it is necessary for acts of greater legal importance, such as the transfer of real estate.

A private power of attorney: It may be sufficient for many acts, provided it is signed by the principal and, in certain cases, may require notarization of the signature.

What is a power of attorney used for?

A power of attorney is like a legal mandate to grant legal powers to third parties. Its function varies depending on the objectives, which include decision-making or carrying out specific tasks, representing another person or company. 

Where can I get a power of attorney?

You can create a power of attorney in several places, depending on the type and purpose of the document. Here are the available options:

1. Notaries
   • Public Power of Attorney: It must be drawn up by a notary public when dealing with acts of greater legal importance, such as the sale of real estate, donations, or irrevocable powers of attorney.
   • This is the most common place to create powers of attorney that require robust legal validity.
2. Lawyers or Solicitors
   • They can draft powers of attorney and, in some cases, authenticate signatures, thus validating the document.
   • They are recommended for situations involving specific legal or administrative issues.
3. Registry Offices
   • In some cases, land registries can register powers of attorney, especially when related to property or administrative acts.
4. Citizen's Shop
   • In some citizen service centers, it is possible to have signatures on private powers of attorney authenticated.
5. Private Power of Attorney Drafted by the Principal
   • For simple matters, you can draft the power of attorney yourself and sign it.
   • If necessary, you can have the signature authenticated by a notary, lawyer, solicitor, or authorized service.
6. Online (Electronic Powers of Attorney)
   • In specific situations, it is possible to use a digital signature (Citizen Card with reader or Digital Mobile Key) to create and sign powers of attorney electronically.
   • Consult the portal ePortugal For more information about this service.

In what situations might I need a power of attorney?

There are several situations where it is necessary to use a power of attorney so that legal cases can proceed with the presence of a legal professional. Among these various situations, some stand out, such as:

• Donations;
• Representation between spouses;
• Weddings;
• A transaction made by the representative with himself. 

How do I obtain a power of attorney?

To obtain a power of attorney, you must follow these steps:

1. Define the powers you wish to delegate:
   First, you must decide what actions or responsibilities the attorney (the person who will represent you) will be authorized to perform on your behalf. These powers must be clear and well-defined.
2. Choose the type of power of attorney:
   Determine if the power of attorney needs to be:
   • Public: Drawn up at a notary's office (necessary for acts such as the sale of real estate or other matters of greater legal importance).
   • Particular: Drafted and signed by the principal, although in some cases the signature may need to be notarized.

1. Prepare the necessary documents:
   The documents typically required include:
   • Identification document from the principal and, possibly, from the attorney (Citizen Card, Identity Card or Passport).
   • Tax Identification Number (NIF) of all participants.
   • Relevant information for the act, such as details of the asset or transaction involved (if applicable).

1. Go to an appropriate place:
   You can obtain the power of attorney at:
   • Mm Notary, where a public power of attorney will be drawn up.
   • Mm Solicitor you solicitor, who can draft and authenticate the power of attorney.
   • Uma conservatory or another authorized registration service, depending on the situation.

1. Review and sign the power of attorney:
   After drafting the power of attorney, carefully review the text to ensure that the powers granted are correctly described. Then, sign the document.
   • In the case of a private power of attorney, it may be necessary to have the signature notarized.

How do I give power of attorney to someone else to represent me?

There is a model This is what you need to have when it comes to making a power of attorney. Therefore, in order to do so, you must issue a document based on this same template and fill in the necessary information.

Within this same information, one must consider the identification of both parties, the purpose of the power of attorney, the actions to be taken, and the powers that are intended to be granted to the representative. 

What documents are needed for a power of attorney?

In addition to the draft, there are other necessary documents to ensure the process is properly completed. Therefore, to proceed with a power of attorney, you must have certain documents ready:

• The identification document of the attorney(s) (citizen card, identity card or passport);
• The tax identification number of all parties involved;
• Residence management of grantor. 

How much does a power of attorney cost?

The cost of a power of attorney depends on the type and location where it is issued. For example:

• Public power of attorney (Drawn up by a notary): the cost may vary, but it is generally between 30 and 60 euros, depending on the act and the signatures required.
• Private power of attorneyIf it is simply drafted by the client and signed, there is no associated cost, unless notarization of the signature is required, which can cost around 10 to 20 euros per signature at a notary or other authorized services.

Is it mandatory to register the power of attorney?

Not all powers of attorney need to be registered. The requirement depends on the type of act and the nature of the power of attorney.

• MandatoryPowers of attorney that involve irrevocable powers or that aim to transfer real estate or other acts of significant patrimonial relevance must be registered.
• OptionalSimple powers of attorney, to represent someone in administrative or legal matters of lesser complexity, do not require registration.

Which powers of attorney require registration?

Mandatory powers of attorney include some irrevocable powers of attorney that grant the power to transfer ownership of real estate. 

However, you have the option to consult. online Which powers of attorney must be registered?. 

Who can register a power of attorney?

Anyone who has the power to represent another person through a power of attorney. In other words, someone who is designated by a power of attorney can register it. 

Can I revoke a power of attorney? How?

Yes, a power of attorney can be revoked. However, if it was granted in the interest of the attorney or a third party, it cannot be revoked without the consent of the interested party. 

To proceed with the annulment, this must be done online, attaching a scanned copy of the power of attorney. The revocation of a power of attorney can also be done in person, at a notary's office or registry office, provided the legal requirements are met and the respective fees are paid.

When does a power of attorney cease to be valid?

There are situations where a power of attorney ceases to be valid, such as the death of someone, the legal incapacitation of the attorney, or the disqualification of the principal. Situations where a couple divorces are also examples of situations where a power of attorney loses its validity. 

What is an irrevocable power of attorney?

A power of attorney is irrevocable when it is also granted in the interest of the attorney-in-fact or a third party. It is considered irrevocable only if there is an agreement from the interested party or if it occurs for just cause. 

How can they assist lawyers in obtaining a power of attorney?

In order to validate a power of attorney, or even to guide the parties involved throughout the entire process of creating one, a lawyer plays an essential role.

No Lawyers in Braga We have the best professionals at your disposal, always ready to help our clients fight for their rights. At Advogados em Braga you can count on specialist lawyers in various areas of law, ensuring that each professional can help in any situation you may need. 

Do you need legal support? Get in touch today or learn more about our service. online lawyers and book your appointment with total convenience, wherever and whenever you want.

Conclusion 

A power of attorney is defined as a document that authorizes a person to be guided by a lawyer in a specific legal proceeding. 

Within the realm of powers of attorney, two main types stand out: public powers of attorney, which are drawn up at a notary's office, and private powers of attorney, which are handwritten. 

It is possible to cancel a power of attorney, but there are cases where it is not possible. For example, if the process was entrusted to the attorney or third parties, it cannot be revoked without the agreement of the interested party.