For a power of attorney to be valid in Portugal, it is necessary to comply with certain legal requirements. Here are the main elements and considerations:
-
Written Form:
The power of attorney must be made in writing. It can be a private document, but in specific cases, such as property sales, it must be made by public instrument, i.e., through a notary.
-
Identification of Parties:
Must clearly identify the grantor (who grants the power of attorney) and the attorney (who receives the powers), including full names, identification numbers (such as Citizen Card or passport), and addresses.
-
Description of Powers:
The power of attorney must clearly specify the powers granted to the attorney. In situations involving significant transactions, such as property sales, it is necessary that the powers be detailed and specific.
-
Validity and Revocation:
The power of attorney may have a determined or undetermined validity, but can be revoked at any time by the grantor. Revocation must be formally communicated to the attorney and, ideally, registered to avoid legal problems.
-
Notarial Recognition:
For acts requiring greater formality, such as property sales, the power of attorney must be recognized by a notary. This ensures that the document has legal validity and that the signatures are authentic by term.
-
Property Regime:
If the grantor is married, it may be necessary to include information about the marriage property regime, especially if the power of attorney involves the sale of the couple’s common property.
-
Legalization for Use Abroad:
If the power of attorney is to be used outside Portugal, it may need to be legalized, for example, through the Hague Apostille, depending on the country where it will be used.
Example: (name) married under the regime of (…) with (…), born in (…) and of nationality (…), resident in (…), profession (…) holder of Citizen Card number (…), valid until (…), issued by (…), NIF (…), who constitutes as their attorney (name), (marital status), born in (…), with tax number (…), resident in (…), to whom, with the power to substitute, grants the necessary powers to, in their name and representation, sell or promise to sell, for the price of € (…).000.00 (… thousand euros) and under the remaining conditions they deem convenient, the autonomous fraction designated by the letter ”…”, corresponding to the (…) floor, of the urban building in horizontal property registration, described at the Property Registration Office of (…), under no. (…) of the parish of (…), registered in the urban property matrix under article (…), of the parish of (…), located at (…), (…), being able for this purpose to receive the respective price, give receipt for the same, execute and sign the respective purchase and sale, in any form permitted by law, as well as the purchase and sale promise contract, and its rectifications; represent them before any Public Departments, namely Tax Service and Municipal Councils; request any property registration acts, provisional or definitive, their annotations and cancellations, being able to provide complementary declarations, and also, request, perform, sign everything else that becomes necessary for the indicated purposes.