How to Issue a Power of Attorney in Portugal

There are cases when, due to certain circumstances, a person is unable to personally perform certain legal actions. One of the ways to resolve such a situation is to issue a power of attorney in Portugal to another person, delegating the authority to perform specific actions on behalf of and in the interests of the person who issued such a power of attorney.

 

 

Documents Required for Issuing a Power of Attorney in Portugal

To notarize a power of attorney, the person issuing it must provide a document proving their identity (passport, residence permit, ID card, etc.) and a document showing the assigned tax number.

The text of the power of attorney must include all personal data of the representative (full name, place of residence, passport details, tax number). In some cases, if a specific item of property is involved, its identifying information must be included, for example, a registration number, the exact address, the property title registration number, and so on.

For the power of attorney to be legally valid in cases provided for by law, it is necessary to follow the procedure for its notarization.

 

Who Is Entitled to Issue Powers of Attorney in Portugal

Portuguese law provides for the possibility of notarizing powers of attorney not only by notaries and other authorities endowed with notarial functions but also by lawyers. By virtue of their legal status, powers of attorney notarized by any of these authorities or persons have the same legal force.

Lawyers’ authority to notarize powers of attorney is governed by the following notarial acts:

a) Decree-Law 28/2000 of March 13;
b) Decree-Law 76-A/2006 of March 29;
c) Decree-Law 126/2021 of December 30.

 

Procedure for Agreeing on a Power of Attorney in Portugal

To anticipate all legal consequences of representation and create a complete, legally sound document, a lawyer in Portugal, when notarizing a power of attorney, will confirm the intention of the person issuing it, foresee all possible scenarios, and ensure the legal credibility of the power of attorney text. Given this, it is naturally advisable to seek a lawyer’s help for the preparation and notarization of a power of attorney to avoid potential issues with its content and wording upon use.

 

Procedure for Executing a Power of Attorney in Portugal

When notarizing a power of attorney, it is necessary to have a passport or other identification document, a document confirming the tax number, and copies of all documents related to the property or other assets for which the power of attorney is issued. If needed, if there is a sample form of the power of attorney for certain actions, you should bring that draft for more thorough review and supplementation by lawyers.

 

Apostille of a Power of Attorney in Portugal

It is crucial to note that, in some cases, documents issued by authorized bodies of foreign states in the prescribed form are recognized as valid in another country if they are legalized (apostilled).

An Apostille is an international certification comparable to a notarial certification and may supplement local notarization of a document. If the Convention (the Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961) applies between two states, an Apostille issued by the country of origin is sufficient to certify the document and eliminates the need for additional certification by the destination country.

The Apostille is a stamp measuring at least 10×10 cm and is placed either on the document itself or on a separate special sheet attached to the document.

Affixing the Apostille is the only formality that may be required to certify the authenticity of the signature and the seal or stamp that validate the document. Therefore, once the power of attorney is notarized, it must be apostilled for validity abroad. Determining whether a power of attorney requires an Apostille in a given country calls for thorough knowledge of international law. Accordingly, it is best to consult professional lawyers who will analyze your situation, explain the need to grant the document legal validity abroad, and provide services to ensure document legalization (Apostille in Portugal).

 

Necessary Steps for Recognition of a Power of Attorney in Other EU Countries and Beyond

It is important to understand that affixing an Apostille is not required if there is an international agreement in force between the two countries concerned that simplifies the formal procedure for recognizing documents or exempts the document itself from legalization. Generally, if there is a valid international agreement between two contracting parties, documents drawn up or certified by a court or official (a sworn translator, an expert, etc.) within their competence and in the prescribed form, and bearing an official seal, are accepted on the territory of the other contracting party without additional certification. Documents considered official in the territory of one contracting party are recognized as such in the territory of the other contracting party.

 

Conclusions

Thus, the preparation and notarization of a power of attorney require knowledge of all possible legal nuances — from drafting the text of the power of attorney to its notarization and legalization (if necessary). In order to obtain a high-quality document that takes into account all international standards and to avoid misunderstandings regarding the application of the power of attorney in various situations, we recommend contacting the law firm in Portugal “First Legal Portugal” which will provide you with all the necessary information, well-prepared draft documents, and any required legal consultation.