Power of Attorney for Use in Brazil
Need to get something done in Brazil? Don’t want to travel there? Getting a power of attorney may be the answer. A properly drafted and executed power of attorney will enable another person to act on your behalf in Brazil even if you are located thousands of miles away.
The right form depends on the task, the country where you sign, and the Brazilian institution that will receive it. Confirm the powers and signing route before execution; an apostille alone does not make an insufficient mandate acceptable.
Responsible attorney: Luciano Oliveira, LL.M., attorney admitted in Brazil, Texas, and California. Content updated: October 30, 2026.
For Brazilians and Foreign Citizens
Powers of attorney done abroad (meaning outside Brazil) commonly involve two groups of applicants:
- POAs for Brazilians
- POAs for Foreign Citizens
POAs for Brazilians
Brazilian citizens can request a public power of attorney at a Brazilian consulate, subject to its identification, appointment and document requirements. This is different from merely recognizing a signature on a private document.
For example, a Brazilian in Houston should confirm whether the recipient requires a public or private POA, then follow the consulate’s instructions. Portuguese wording and a consular stamp do not, by themselves, guarantee that the powers are sufficient for the intended act.
POAs for Foreign Citizens
Foreign citizens holding qualifying Brazilian immigration documentation may also be eligible for a consular public POA. Check the relevant post’s requirements; the route is not determined by nationality alone.
Foreign citizens using a document executed before a local notary will generally face one of the two situations:
- Apostille route: the Convention applies between the document’s country of origin and Brazil. Obtain the appropriate notarization or public instrument and an apostille from the competent authority in that country.
- Consular legalization route: the Convention does not apply and no exemption is available. Follow the required local authentication chain and Brazilian consular legalization instructions.
Canada, China and Saudi Arabia are now parties to the Apostille Convention. Check the current HCCH status table, including effective dates and objections, rather than relying on an old country list. See also the Houston consulate’s POA guidance.
Power of Attorney in Brazil?
We Can Help You
[email protected]
(214) 432-8100
+55-21-2018-1225
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How Can You Assist Me with My Power of Attorney?
Our service involves three separate components:
1. Orientation Consultation
We can walk you through the required steps, timeline, and costs involved (in addition to our fees). Cross-border POAs can involve several authorities. The consultation helps identify the appropriate route and the work to be included in a separate engagement.
Schedule a paid consultation here.
2. Draft the Power of Attorney Text
We will draft the Power of Attorney according to your needs while asking you for the required information such as names, addresses, and other information for the grantor and grantee.
Published drafting fee: USD275.00. Confirm the current quote and scope before engaging us.
3. Advise on the Validation Process
Depending on the route and intended use, validation may involve notarization, obtaining an apostille, shipping documents to Brazil, obtaining a sworn translation, and registration with the Registro de TÃtulos e Documentos (RTD) in Brazil. RTD registration is distinct from notarization and is not a universal prerequisite for every court filing; confirm whether it applies to the intended use.
Published validation-advice estimate: USD275.00 plus out-of-pocket costs. Confirm which notarization, apostille, translation, registration and courier charges are additional.
The signing and validation sequence
- Agree the task, recipient, grantor and grantee, and any limits on the representative’s authority.
- Confirm whether the act requires a public instrument or permits a private POA. General administrative language does not authorize every transaction.
- Approve the text, then execute it using the applicable consular or local-notary route.
- Arrange apostille or legalization where required, Portuguese translation and any applicable registration.
- Deliver the required original or accepted electronic instrument and confirm the recipient’s acceptance before the transaction or deadline.
An apostille authenticates the relevant signature, capacity and seal; it does not certify the legal adequacy of the powers. If local law does not provide the required public instrument, confirm the acceptable alternative with the receiving authority before signing.
Which Types of Powers of Attorney Can You Draft?
There is no fixed number of powers of attorney. You may assign someone to represent you in Brazil for a purpose that permits representation, as long as it is legal and acceptable to the party who will be receiving your POA in Brazil (e.g., bank, cartorio, court, etc.).
We are able to assist you with and draft the following types of powers of attorney in Brazil:
Inheritance and Probate
- Renounce and Disclaim Inheritance, with the specific powers and formalities required.
- Authorize the sale of inherited properties, subject to estate authority, ownership and any court or notarial requirements.
- Represent an heir in the probate process or execution of the distribution deed.
- Appoint a lawyer to represent the heir or estate administrator in court.
An heir’s POA is not an appointment as estate administrator. A non-lawyer representative cannot take over the lawyer’s procedural role.
For notarial probate, CNJ Resolution 35, Article 12 requires a public instrument with special powers for the representation it permits. Court representation follows the applicable procedural mandate rules. A POA does not automatically excuse personal testimony or other acts the authority requires from the heir.
Renouncing an inheritance requires an express public instrument or court record; it is not simply permission to abandon selected probate assets. A mandate from the deceased generally ends at death, subject to legal exceptions, and should not be treated as continuing authority to distribute the estate.
Use our guides to representation when an heir cannot attend, authentication of probate documents and renouncing an inheritance for the estate-specific requirements.
Banking, Financing, Income Tax and Payments
- Open a bank account
- Close a bank account
- Manage a bank account
- Receive insurance proceeds
- Mortgage-related representation
- Receive payments
- File income tax return
- Receive salaries
Bank acceptance must be checked in advance. A POA does not guarantee account opening or remove identification, compliance or transaction requirements.
Marriage and Divorce
- Civil Marriage
- Divorce
- Habilitation for Civil Marriage
- Recognition and Validation of Foreign Divorce
- Attorney representation in Divorce Procedure
- Recording Foreign Marriage Certificate
Marriage and divorce mandates have their own formalities and, where applicable, time limits. Confirm the intended act before using a general template.
See Real Estate Power of Attorney here.
Keep the mandate specific and current
Special and express powers are needed for acts beyond ordinary administration, such as selling, mortgaging or settling. A litigation mandate also needs specific clauses for acts such as settling, receiving money and giving a discharge. Avoid granting powers you do not intend the representative to exercise.
Check expiry, revocation, substitution powers and any changes in capacity or circumstances before use. A general POA is not a substitute for incapacity or succession planning. For that separate purpose, see our financial POA planning guide.
Legal framework: Civil Code, Articles 654, 657, 661, 682 and 1,806; Code of Civil Procedure, Article 105; and CNJ Resolution 35, Article 12.
Power of Attorney in Brazil?
We Can Help You
[email protected]
(214) 432-8100
+55-21-2018-1225
#1Â Contact us to get a free quote, or
#2 Schedule a Consultation now.