Power of Attorney in Portugal

Power of Attorney in Portugal

Updated on Wednesday 19th December 2018

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Power-of-Attorney-in-Portugal.jpgThe power of attorney in Portugal (POA) is a document used to transfer the power from one individual to another. The one transferring power for general or specific purposes is the grantor and the individual entrusted is the attorney in fact. In Portugal, the power of attorney is subject to several conditions and the two parties must both be present when the document is drawn up and notarized. 
One of our lawyers in Portugal can act on your behalf with the power of attorney if you cannot be present in the country in order to handle various business transactions. Alternatively, one of our lawyers can help you draw up this legally binding document in order to transfer general or specific rights to an appointed individual.

Powers granted by a power of attorney

The power of attorney can be general or limited. The general one is used to grant all rights to the attorney in fact. The appointed individual will be able to take almost all decisions on behalf of the grantor and sign in his or her name whenever needed. However, some abilities cannot be transferred, such as voting or drawing up the testament or making changes to it. Feel free to observe the following aspects related to the power of attorney in Portugal:
  • the limited power of attorney only offers legal powers for a short amount of time and, most commonly, for a very specific purpose. 
  • these documents can be used to transfer the right to handle finances or company management. 
  • foreign investors in Portugal can use the power of attorney for company incorporation purposes, company management or real estate investments. 
  • one of our lawyers in Portugal can give you additional information on the rights that can be transferred and the attorney’s in fact liability.

Documents required to draw up a power of attorney

The power of attorney is notarized and registered with a notary office in the country. The parties can prepare an initial draft or their lawyers in Portugal and it can be agreed upon and later registered in front of a notary. The parties need to be present at the time of the notarization and will need to provide a valid ID card. 

How is the power of attorney issued in Portugal?

A valid identification document and the taxpayer number of the company which needs to be represented are two important documents which need to be presented at the time the power of attorney is issued. Besides that, the power of attorney needs to be notarized and registered at the Embassy or Consulate in Portugal. This document can also be certified by the Consulate with the help of a written and signed document by the grantor. A public notary can also legalize the power of attorney in Portugal. We remind that our Portuguese lawyers can act on your behalf with a power of attorney, regardless of the matters you are interested in.

The validity of the power of attorney in Portugal

According to the international laws, the POA is available for a particular period of time, as agreed by the grantor. There are also cases in which the power of attorney is no longer available if the represented person has a health or physical problem for which the powers are restricted or cannot be effective. Feel free to address your inquiries to our team of advisors if you would like to know more about the POA in Portugal.

Power of attorney for real estate transactions in Portugal

Foreign investors looking to purchase real estate properties in Portugal should know that they can be represented by our Portuguese lawyers with a power of attorney. A property sale, the transfer of the ownership, the re-issuance of building deeds, property rentals or leasing can be done with complete support from our attorneys who can act on behalf of you with the power of attorney in Portugal. We can represent your interests if you are an entrepreneur from abroad who wants to acquire real estate properties or decide on specific real estate transactions.

What is a non-durable power of attorney?

The non-durable power of attorney is normally issued for a single use in varied matters. This means that the power of attorney can be used for a real estate transaction, representation in front of the authorities or for the issuance of a specific set of documents. The non-durable power of attorney can be valid for a determined period of time (one day, one week or one month) depending on the type of transaction and the length in which it is concluded. However, if you do not know the exact time in which a transaction will take place, it is best to use a durable power of attorney which can be terminated at any time you wish.

The cases in which a power of attorney cannot be used

A power of attorney cannot be used for concluding or dissolving a marriage, to vote or to cancel a will in Portugal. It is best to observe the legislation in this case and to solicit information about the Civil Law and the Family Law in Portugal to find out more in this sense. Our Portuguese lawyers specialized in divorce and marriage procedures can offer in-depth support in such matters.

Appointing us for POA in Portugal

The general power of attorney provides complete powers to the appointed person you wish to represent you in specific matters like real estate transactions, financial matters, business activities, representation in the court of law and many more. With a wide experience in this field, our team of lawyers in Portugal can successfully represent your interests and affairs in agreement with your terms and conditions. Our team can entirely understand the duties and responsibilities that come with a POA and can act in a trustworthy matter, in respect to the conditions imposed. As it is known, the agent who acts on your behalf with a power of attorney can have access to financial accounts and can make transactions under the rules and regulations you decide and impose. You are kindly invited to talk to our advisors in Portugal and find out complete information about the cases in which the power of attorney is necessary and the ways in which we can help.

Conclusions about POA in Portugal

The power of attorney in Portugal must be issued in respect with the applicable laws in this country for both local and foreign individuals with varied interests. Our team of lawyers in Portugal have experience in issuing and using the POA and can provide complete support and assistance at the time you decide for such an important document. Even though Portugal has a specific legislation when it comes to POA, we remind that such document is issued in compliance with the international laws and EU directives. It is good to know that each of the powers are stated clearly, in respect with the individuals’ wishes for which the power of attorney is necessary. 
Individuals who need more information on the legal transfer of powers can contact our law firm in Portugal