Expiration and Subdelegation

Power of attorney validity period

It's up to the grantor to stipulate the validity period of the power of attorney, with the exception of powers of attorney that have a validity period determined by law - such as, for example, powers of attorney for marriage, with a mandatory validity of 90 days, and powers of attorney for consensual divorce, with mandatory validity of 30 days -, or that have a validity period defined by internal rules of the institution where it will be presented - banks, for example, normally only accept powers of attorney issued within a certain period.

If the text of the power of attorney does not define an expiration date, it is considered to be indefinite, so that the powers transmitted remain in force indefinitely, until the power of attorney is eventually revoked.

Thus, if you want your power of attorney to have an expiration date, add this information to the chosen power of attorney template and/or ask the consular agent to state the term.

Subdelegation

By authorizing the subdelegation, the grantor allows the grantee to transfer, if necessary, the powers received by proxy to another person.

If interested in authorizing the subdelegation, the grantor must add it to the text of the power of attorney or ask the consular agent to state "autorizado o substabelecimento".

If you don't want to allow the grantee to transfer power to a third person, you must state "vedado o substabelecimento".

If there is no reference to subdelegation, it is understood that this practice is allowed.

Subdelegation by the grantee

When permitted by the original power of attorney or when there is no prohibition on subdelegation, the person who has been empowered by means of a public power of attorney may, if necessary, by means of another specific power of attorney, delegate such powers to third parties. In this case, it is recommended that the attorney-in-fact informs the person who conferred the powers - grantor - in advance about his/her interest in replacing the powers received.

Please call the Embassy to book an appointment to request a public power of attorney on the ground of subdelegation.

On the arranged date, your identification document and the original of the power of attorney to be replaced must be presented.

Subdelegation can be total, when the attorney transfers all the powers received to someone else, or partial, when the person who receives the powers is limited to performing certain acts. In the case of partial subdelegation, the powers that will be replaced must be delimited.

Subdelegation "com reserva de poderes" means that the person who transferred the powers remains with the powers received and can also use them when necessary.

In the case of “sem reserva de poderes”, the transfer is complete and the representative waives the power of representation, disassociating him/herself from the power of attorney, which becomes the exclusive responsibility of the person to whom he/she transferred the powers.

If in doubt, consult a lawyer, who will be able to advise you on the best way to transfer powers.