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Power of Attorney for Use in Brazil

power of attorney 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.

For Brazilians and Foreign Citizens

Powers of attorney done abroad (meaning outside Brazil) usually fall into two different categories:

  • POAs for Brazilians
  • POAs for Foreign Citizens

POAs for Brazilians

Brazilian citizens can have their powers of attorney legalized at the Brazilian consulates abroad. Let's the Brazilian lives in Houston, Texas. They can simply take their drafted Power of Attorney to the Brazilian consulate in Houston, so they can notarize their signature and append the Brazilian Consular stamp to it. As long as their POA was drafted in Portuguese, that's all they need to have a POA valid and accepted in Brazil.

POAs for Foreign Citizens

Foreign citizens, on the other hand, will face one of the two situations:

  • You are located in a country that is not part of the Apostille Convention. Example of countries: Canada, China, Saudi Arabia, and the United Arab Emirates. In these few countries, foreign citizens can have their POAs legalized by the Brazilian consulate with the caveat that additional procedures will be needed for its full validity in Brazil.
  • You are located in a country that is part of the Apostille Convention. Today, most of the countries are part! USA, most of the Europe, and every major country in the world except those listed in the previous paragraph fall into this category. If you are in these countries, the Brazilian consulate will not assist you with any power of attorney legalization. Instead, you will need to follow the "Apostille Route" (see detailed steps at the end of this page)

How Can You Assist Me with my Power of Attorney?

Our service involves three separate components:

1. Orientation Consultation

You get no clue about how to get your POA to be used in Brazil. We can walk you through the required steps, timeline, and costs involved (in addition to our fees). Cross-border POAs are more complex than people imagine and, unfortunately, we cannot spend the time needed to explain everything to you without charging accordingly.

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.

Cost: USD275.00

3. Advise on the Validation Process

Most power of attorneys will require extensive validation steps such as notarization, obtaining an apostille, shipping documents to Brazil, obtaining a sworn translation, and recording the documents with the Cartório of Títulos e Documentos (a type of advanced notary public) in Brazil.

Estimate Cost: USD275.00 plus out-of-pocket costs.

So, Which Types of Power of Attorneys You Can Draft?

There is no fixed number of power of attorneys as you may assign someone to represent you in Brazil for any purpose as long it is legal and acceptable by 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
  • Authorize the sale of inherited properties
  • Renounce probate assets
  • Probate representation by non-lawyer (probate manager)
  • Probate representation by lawyer (lawyer of the probate manager)

Account Banking, Financing, Income tax, Payments

  • Open banking account
  • Close banking account
  • Manage banking account
  • Receive insurance procedures
  • Mortage related
  • Receive payments
  • File income tax return
  • Receive salaries

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

See Real Estate Power of Attorney here.