Preparing a Foreign Power of Attorney for Use in Brazil

Powers of Attorney are used by foreign citizens to have their interests represented in Brazil by lawyers, family members, or close friends. POAs provided by foreign citizens outside of Brazil may require several authentication steps to be accepted by the Brazilian authorities. Although such steps will vary depending on the nationality and place of residence of the granting party, the required form and receiving authority are equally important.

Our goal here is to provide your lawyer with an overview of 12 possible steps for the production and authentication of a POA to be used by a foreign party in Brazil. Not every case requires every step.  A licensed Brazilian lawyer can coordinate the document’s legal scope and acceptance to reduce the risks of delays, mistakes, and rework. You may be able to arrange administrative steps yourself once the route is confirmed.

Responsible attorney: Luciano Oliveira, LL.M., attorney admitted in Brazil, Texas, and California. Content updated: October 30, 2026.

Sample step-by-step for your lawyer to follow

While the main steps involved in drafting and authenticating a POA abroad to be used by a foreign citizen are similar despite the nationality and residence of the granting party, there are some key differences when it comes to the Notary/County Clerk/Apostille steps. In this page, we will describe the main steps involved in the drafting and authentication of a POA in the United States for a US citizen to have his interests represented in Brazil.

Professional POA Drafting and Authentication

The steps required to draft and authenticate a POA abroad for use in Brazil can be complex and require legal knowledge. Mistakes may cause you months of delays with serious risk of losses of rights and assets, depending on the transaction and deadlines. Have counsel confirm the document’s powers and form before you pay for authentication or shipping.

Need one of our lawyers to assist you with drafting and authenticating your POA? Contact us today for a quote at [email protected].

POA Drafting & Authentication Main Steps

See the portuguese version here.

This is a potential step-by-step for a US  citizen getting a POA to be used in Brazi. Other foreign citizens may also take advantage of this step-by-step since most of the steps should be applicable to other countries as well.

1. Get a template from the Registration Office (in Brazil)

Registration offices in Brazil are known as “Cartórios” or “Tabelionatos”. Registration offices may be willing to provide you with a template specifying the parties and the powers that should be included in the POA depending on the type of case or need you have in Brazil. Such templates are usually provided in Portuguese and some registration offices may require you to go in person to their offices to obtain a printout of the template.

2. Complete and customize the template (in Brazil)

A template is a starting point. Customization may involve adding details for the parties, powers to be granted to the person who will represent you in Brazil, and other details such as date, city, etc. Have a licensed Brazilian lawyer confirm that the wording grants the necessary powers without unnecessarily broad authority.

3. Have the customized POA reviewed by the Registration Office (in Brazil)

Missing powers can prevent the intended act. That’s why we recommend that after your lawyer finishes customizing the template, he/she sends the edited document back to the Registration Office for a review. Some of the registration offices are willing to do this checking by email while others will want you to go to their location in person.

4. Have the customized document translated from Portuguese to English where required (in Brazil or the US)

Once you get the green light from the registration office, confirm whether the POA document needs translation from Portuguese to English for the chosen U.S. process. Remember that the process of authentication will depend on the practices of the country where you are currently located.

English is not a universal requirement for the document itself. The notary and apostille authority may have separate language requirements for the document, notarial certificate or supporting translation. Do not assume that every U.S. state or another country follows the same rule.

Where a working English translation is needed, you may hire a sworn translator to provide you with a simple translation (not sworn) of the POA in English. Using the same professional for the later Portuguese translation may help keep consistency, but it is not mandatory and cannot change the executed document.

Check the professional’s active registration through the relevant Junta Comercial. See the DREI directory of state Trade Boards. Note that although accredited at state level, sworn translators’ translations are accepted in any Brazilian state.

5. Take the approved version of the document to a Notary Public for signature and notarization (in the US)

Take the approved version of your POA to a notary public. Follow the notary’s instructions about signing or acknowledging your signature; the required act matters. It is important that the notary public holds a current commission since the credentials and signature will be validated in steps 6 and/or step 7.

The exact verbiage that the notary public will have to add to the POA should be advised by the attorney supervising this process, within the notary’s local rules. In addition to proper verbiage, the notary public should stamp, sign and date the document as required.

Costs for a notary public depend on state fee limits, the required act and any separately agreed travel or service charges. Ask for an itemized quote if your lawyer decides to hire a mobile notary (meaning someone who will go to your lawyer’s office).

6. Obtain county certification only where required

In some states like New York, you will have to take the notarized POA to the county clerk where the notary is qualified, before requesting the apostille. The relevant county is tied to the notary’s qualification, not simply your home address. Check the New York Department of State instructions.

Some states like Texas do not require the County Clerk authentication for an ordinarily notarized document submitted under their standard route. Check the issuing state’s current requirements; do not add a county step merely because it appears in this example.

The cost for a county clerk authentication and any service provider’s fee are separate charges. Obtain the current official fee and an itemized service quote. Mailing or electronic procedures may be available; personal visits and a private agent are not universally required.

7. Request the apostille from the competent authority

After your POA was authenticated by the County Clerk (where required), submit it to the competent apostille authority for the jurisdiction of the notarization. For a state-notarized U.S. POA, that is generally the relevant Secretary of State or equivalent—not necessarily your state of residence.

An apostille authenticates the signature, capacity and seal or stamp. It does not certify the document’s contents or guarantee its legal effect in Brazil. The Apostille was created by the Hague Convention with the purpose of standardizing a process by which parties of different countries could authenticate their documents for use in other countries where the Convention applies. Other routes or treaty exemptions may apply elsewhere.

Processing times and apostille fees depend on the competent authority and submission method. A private service provider’s quote is not the official government fee. Ask which notarization, certification, apostille, translation and delivery charges are included.

8. Ship the POA to a sworn translator in Brazil where physical delivery is required (from the US to Brazil)

After your POA has been apostilled, arrange the documents required by the sworn translator and receiving authority in Brazil. If physical originals are required, your lawyer will have to ship the apostilled POA or arrange delivery.

A document shipped from the US to Brazil by FedEx or another carrier has a cost depending on origin in the US and destination in Brazil as well as the service level. Request a current quote. A valid electronic original and e-Apostille are different from a scan of a paper document; confirm acceptance before choosing the delivery route.

9. Get a sworn translation of your POA in Brazil (in Brazil)

Sworn translators are registered with Trade Boards at the state levels (“Juntas Comerciais”) under the applicable federal rules. Confirm the professional’s registration and language authorization.

Translation prices are generally agreed with the client. Do not rely on the former claim that all translators must charge an official state tariff or that a POA translation cannot exceed a fixed dollar amount. Ask for the scope, price and delivery time in writing.

If the same translator first translated the POA from Portuguese to English, that professional may now translate the final document back from English to Portuguese. This can help keep the terms consistent with the template provided by the Registration Office in step 1.

The translation must faithfully reflect the document actually signed, including the relevant notarial and apostille material. It cannot repair missing powers or substitute a different authorization. Confirm what needs translation before the document is used.

10. Take both the POA and the sworn translation to the RTD Registration Office in Brazil for recording where required

Your lawyer should obtain both the POA prepared in the US and the official sworn translation prepared by the sworn translator. Where registration is required, both documents should be taken to a Registro de Títulos e Documentos (RTD) in Brazil.

For foreign documents used to draw up a Brazilian public deed, CNJ rules require registration with the translation in RTD. Other uses, including court proceedings, require their own analysis. Confirm whether a local distributor is involved; that is not a universal national step. Registration fees depend on the applicable state schedule and document.

11. Order an authenticated copy of the POA for your records (in Brazil)

After the POA along with its sworn translation has been registered, make sure you order one or more authenticated copies where required. Ask which original, electronic document, certificate or copy the receiving authority will accept. Some registration offices may want to retain the original POAs.

Authenticated copies will allow you to retain a record and potentially use the same POA with more than one party, but some parties may require a recent certificate or original. A copy does not extend the mandate’s powers, validity or duration.

Fees for copies or certificates should be confirmed with the issuing office, separately from any service provider’s charges.

12. Take both the recorded POA and sworn translation to the authority that will use your POA (in Brazil)

Finally, take both the recorded POA and the sworn translation to the authority that will be using your POA. Remember that our overview highlights only the main steps involved in the drafting and authentication of a POA granted abroad by a foreign citizen for use in Brazil. And, as advised at the beginning of this overview, make sure a licensed Brazilian lawyer is in charge and advises you throughout these steps.

See the Portuguese version here.

Sources and professional assistance

Key sources: CNJ apostille guidance; CNJ National Code of Extrajudicial Rules; JUCERJA guidance on sworn translators and fees; and California apostille guidance.

Need one of our lawyers to assist you with drafting and authenticating your POA? Contact [email protected] for a written scope and quote. A consultation with a senior bilingual attorney identifies the route; drafting, substantive document review and authentication coordination require an agreed engagement.