Financial Power of Attorney in Brazil (Procuracao) for Foreigners

A power of attorney is how most foreigners get things done in Brazil without flying back for every signature — buying or selling property, moving money through a Brazilian bank, signing before a notary, dealing with an agency. But a Brazilian procuracao is not the same instrument as a US power of attorney, and the differences trip people up in ways that can void a transaction or leave a family stuck. Here is what a foreigner needs to know before signing one.

Reviewed by Luciano Oliveira, Esq., LL.M — licensed in Brazil, Texas, and California. Last reviewed June 2026.

This page is general information, not legal advice; only a consultation with a licensed Brazilian attorney, on your specific facts, can tell you what your matter needs.

What a Brazilian power of attorney actually is

In Brazil the document is a procuracao, and it comes in two forms that are not interchangeable. A public procuracao is drawn up by a notary as a public deed; a private one is simply signed. Which you need depends on what you are authorizing, because Brazilian law requires the power of attorney to take the same form the law demands for the underlying act. For higher-value real estate in particular, the sale itself must be done by public deed, so the POA must be public too — a privately signed POA for that kind of sale is simply null, and the registry will turn it away.

The powers have to be specific

A vague, catch-all power of attorney is worse than useless in Brazil, because it gets rejected. To sell, mortgage, settle a dispute, or do anything beyond routine administration, the law requires special and express powers: the document has to name the power and identify the specific asset — for example, the exact property and its registration number. A clause like “manage all my Brazilian affairs and sell any property I own” does not meet that standard. Narrow, precisely drafted authority is what actually works, and it also protects you against misuse.

Signing a Brazilian power of attorney from abroad

Most of our clients sign from outside Brazil, and there is a specific sequence that makes the document usable here:

• Sign and notarize it abroad, in the form the act requires.
• Apostille it in the country where it was issued. Brazil apostilles only Brazilian documents, so this step happens at home. If your country is not part of the Hague Apostille Convention, you use consular legalization at a Brazilian consulate instead.
• Have it sworn-translated in Brazil by a Brazilian public translator; a foreign document, even apostilled, takes effect here only with that translation.
• Register it at the Registro de Titulos e Documentos so it holds up against third parties.

A cleaner route for some clients is to sign the procuracao at a Brazilian consulate abroad, which is treated as a Brazilian public instrument from the start.

Why a Brazilian POA is not a US “durable” power of attorney

This is the difference that matters most, and it catches families off guard. In the United States a durable power of attorney keeps working if you become incapacitated, and is often used as an incapacity and end-of-life tool. Brazil has no equivalent. A Brazilian procuracao ends automatically when the grantor dies — it cannot be used to manage or transfer assets after death, which is the job of the inventario — and it generally ends on the grantor’s incapacity as well. Incapacity in Brazil is handled not by a durable POA but by court-supervised tools: curatela, or the lighter tomada de decisao apoiada (supported decision-making), which a person arranges while still able. If your plan assumed a POA would carry through incapacity or death, it will not, and that gap is worth closing before it is tested.

How we help

We draft the procuracao in the correct form with precisely the powers your matter needs, and we guide the apostille, sworn translation, and registration so it is accepted the first time. Where the real need is incapacity planning, we tell you plainly that a POA is the wrong tool and walk you through the alternatives. We do not promise that a particular bank, registry, or counterparty will act on any given timetable; what we do is give you an instrument built to be accepted and hard to misuse.

Book a consultation with a Brazilian attorney

This article is general information only. It is not legal advice, it creates no attorney-client relationship, and it is not a guarantee of any result. Your situation depends on the facts, which we would review with you directly.

Frequently asked questions

Can I use my US power of attorney in Brazil?
Sometimes, but it must be apostilled and sworn-translated, and for many acts (especially real estate) Brazil requires a public-form POA; a US-style private one is often rejected.

Does a Brazilian power of attorney work if I become incapacitated?
Generally no. It ends on incapacity; Brazil handles incapacity through curatela or tomada de decisao apoiada, not a durable POA.

Do I have to be in Brazil to sign one?
No. You can sign abroad (apostille + sworn translation + registration) or at a Brazilian consulate.

What happens to a power of attorney when the grantor dies?
It ends immediately. Assets then pass through the inventario (probate), not through the power of attorney.

Related: Estate Planning in Brazil for Foreigners · Making a Will in Brazil · Medical Power of Attorney in Brazil