If you need to take care of an urgent procedure but cannot do it yourself, please know that passing a power of attorney to someone you trust can be a way to solve your problem. However, before passing this type of document to someone, it is essential that they understand how it works, so as not to take unnecessary risks. what is a power of attorney, what types of powers of attorney are there, and what to watch out for in case you ever need to pass this type of document. Find out when you need to register this document and in which situations you lose the right to cancel it.
What is a Power of Attorney?
A power of attorney is nothing more than the act of granting a person, on a voluntary basis, representative powers. This designation is published in the Civil Code, more specifically in article 262. But when we talk about a power of attorney, as a rule, the word is associated with a written document, which establishes the right of a person to represent another in certain situations or acts. To understand better, imagine that you are unable to deal with the selling your car, and even needs the deal to close on a certain date that is not available. In this situation, you can use a power of attorney to give legal power to someone you trust to represent you in that sale. And the same applies in different situations, for example, if you want to change the ownership of a property that you have in your name, in carrying out business or even in a judicial procedure where you need to be present.However, by issuing a power of attorney you are granting your powers of representation to a third person, and this assignment should not be taken lightly. If you are really unable to deal with an urgent matter and are considering issuing a power of attorney to someone, you should first find out how to do so. Remember that, in addition to choosing a person you trust, you must also be aware of the type of powers of attorney that exist and, above all, you must think carefully about the powers you are going to assign to that person.
What types of powers of attorney are there and which should I choose?
In the universe of powers of attorney, there are two distinct types of documents:Forensic powers of attorney;And private powers of attorney.In the case of forensic powers of attorney we are talking about specific powers of attorney to be used in legal proceedings. This type of power of attorney does not serve to give power to a family member to represent them in a particular business or to collect or sign a document. A forensic power of attorney is usually issued to a lawyer for the purpose of representing him in court., in a court case. Learn how to consult court cases on the Digital Justice Platform Now a private power of attorney, can actually be passed to anyone you trust. This is the type of power of attorney you should choose for someone to represent you in a business, legal acts, document or order collection, among other situations. However, when we talk about private powers of attorney, it is essential that you realize that you can assign general or special powers to the person to whom the power of attorney is issued. And what is the big difference between these kind of powers? That is, if you want the person to have a specific type of power, you must pass a power of attorney with powers limited to the act(s) itself. In this way, the attorney you have chosen only has the power to represent you according to what is described in the power of attorney. If you issue a power of attorney with general powers, it is important that you know that you may be empowering the prosecutor to make whatever decisions you want on your behalf. And in most cases, this is an option that entails numerous risks. It is also important to note that there are powers of attorney that can only be issued with special powers and others that require registration. But to understand better, then, we will briefly address them.
In what situations do I have to pass a power of attorney with special powers?
Since this is a subject that may raise some doubts, first of all, you should know that you can consult this information on the IRN website, under the powers of attorney. But, if you just want to get a brief idea, know that there are four situations in which you will need to grant special powers, these being the following:In a donation: if it issues a power of attorney with powers to donate, it is obliged to do so through special powers. That is, you will need to determine the object of the donation and designate the person of the donee. Imagine that you want to donate a property to a family member. Then you must make it clear in the power of attorney which property it is, its data, and all the necessary information about the person to whom you intend to donate it. Read also: Donations: when do you have to pay taxes? If it is a representation between spouses, the power of attorney must have the powers clearly specified. For example, imagine that one spouse wants the other to handle the sale of their assets. In the power of attorney, you must make it clear what powers you give your spouse so that they are limited to the stipulated acts. For wedding: in specific situations, a power of attorney for marriage can also be issued. However, in this specific case, only one of the spouses can be represented by a proxy. In addition to these powers of attorney being required to have special powers, they must individualize the other groom and always indicate the marriage regime.Business concluded by the representative with himself: in this case, the obligation of the special powers is clear, since the conclusion of such a deal has to be consented to by the representative and specified. However, the IRN website indicates an exception, stating that unless the business, due to its nature, excludes the possibility of a conflict of interest.
Am I legally required to register a power of attorney?
It all depends on the type of powers of attorney. Most powers of attorney can be registered on an optional basis. However, on the website Justiça.gov.pt, it is indicated that it is necessary to register powers of attorney in a mandatory way if you want to change the owner of a property. This obligation only exists for powers of attorney that are irrevocable or intended for alterations, extinctions or replacements. So, if you need to register a power of attorney of this type, know that you can do it online. This registration is carried out through the Online Attorneys platform, and has a cost of 10 euros.
Digital Mobile Key: Know which public services are online Although it is indicated that this service can be used by anyone who gives powers of representation to another through a power of attorney, the requested documents can be a little complex. As a rule, this service ends up being used by lawyers, solicitors, notaries or registry services. And this why? Because when registration is mandatory, an active digital certificate is requested to confirm professional quality. In addition, the original of the power of attorney, the authentication term and documents proving the facts referred to in the document are also requested. However, through this platform, those who issue a power of attorney and the attorneys themselves can access the registered documents. Thus, it becomes simpler to consult what is established, if there have been changes or even if the powers of attorney have been revoked or extinguished. To make this type of query, just use the access code that is always available at the conclusion of your electronic registration.
And if I don’t need to register, how should I proceed?
In the event that you do not have to register your power of attorney or do not intend to do so on an optional basis, and the objective is to issue particular powers of attorney within a certain period, then all you have to do is search the internet for minutes of powers of attorney. Although it is not complex to write a power of attorney from scratch, using a draft makes the creation of this type of document much easier. Nonetheless, We advise you to choose a draft published by a credible website or by an entity related to this type of documents.But, to get an idea of what should be written in a power of attorney, it must contain your identification as the principal (name, citizen card number, validity, address, marital status), and the identification of the attorney with the same data. Then he must explain the purpose of this power of attorney and the powers it confers on the person indicated. It is important that you indicate the acts that your attorney is entitled to perform on his behalf, in order to make everything explicit in this document. Do not forget that all this information must be written simply and succinctly.
Can I use a power of attorney from someone who is abroad in Portugal?
At the start, yes. According to the IRN documents that are issued abroad, as long as they comply with local law, are admitted to notarial acts, regardless of previous legislation. If there are doubts as to the authenticity of the document that is presented, then legalization of the document may be required, in accordance with procedural law. note: We advise you to consult the IRN website to understand exactly what are the procedures for legalizing this type of power of attorney issued abroad. However, if you want to use powers of attorney from someone who is abroad and the document is not written in Portuguese, you will need a translation of the same. And in this situation it is not enough to translate the document and present it. Translations of powers of attorney must be carried out using one of the following options:Be written by a Portuguese notary;The translation is done through the Portuguese consulate in the country where the document was issued;By the consulate of that country in Portugal;Or even by a suitable translator. In the latter situation, the translator must, under oath or commitment of honor, state before a notary that the translation is faithful to the original.
What if I regret having passed this document on to someone else?
In most cases, the power of attorney may be revocable by the principal at any time. Therefore, if you regret having passed a power of attorney to someone in whom you have placed your trust, it is advisable to do so as soon as possible, as you have the right to do so. Nonetheless, there are some exceptions where you cannot go back on your decision. For example, if you waive this right, you will not be able to revoke your power of attorney. In the event that a power of attorney is issued in the interest of your attorney or a third party, when these are designated by irrevocable powers of attorney, then it can also be difficult to revoke it. And this why? Because in this case, your power of attorney cannot be revoked without the consent of the interested party. However, if there is a justified reason to revoke the power of attorney, you may still be able to cancel. Finally, know that if you have a more sensitive situation to be dealt with or need to create a more complex power of attorney, it is best to pass this service on to a lawyer, notary or specialist in the legal field. The same applies if you have doubts about this matter. Remember that a power of attorney that is poorly written or created without the necessary knowledge carries risks for you. Therefore, think of hiring a specialist as an investment to protect your interests and not as a waste of money. Also read: Top 10 services you can only do at an IRN branch