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Power of attorney in Portugal
Obtaining a power of attorney will allow someone to act on your behalf for legal issues in Portugal.
This can be especially useful if you're not living in Portugal throughout the property buying process.
How does power of attorney work in Portugal?
In Portugal, just as in the UK, you can authorise someone to act on your behalf when dealing with legal matters in Portugal. A power of attorney is a document that's signed in the presence of a notary and enables someone the power to act on your behalf (normally your lawyer) . A power of attorney can be general or they could be limited to one specific function like signing property deeds.
Why do you need a power of attorney in Portugal?
Many people choose to get a power of attorney when they buy a house in Portugal as it can be helpful for limiting the number of times you have to fly backwards and forwards to sign documents throughout the purchase process.
Having a lawyer as your power of attorney means that you're unlikely to miss important deadlines because of travel, health or other issues and commitments.
Speak with an independent, qualified Portuguese lawyer to set up a power of attorney for your property purchase.
Can a UK power of attorney be used in Portugal?
As each country has its own laws and requirements regarding power of attorney, one that is granted in the UK cannot be automatically used in Portugal. If you have a UK power of attorney and you want it to be valid in Portugal, you will need to follow the appropriate procedures to have it recognized and accepted under Portuguese law – an apostille and stamp from sworn translator to confirm it is a valid translation.
FAQs: Power of attorney in Portugal
What is a power of attorney in Portugal?
A power of attorney (procuração) is a legal document that allows someone else to act on your behalf in Portugal. It is commonly used by overseas property buyers who cannot be present to sign contracts or complete the purchase process.
Do I need a power of attorney to buy property in Portugal?
It is not required, but it is very useful if you cannot travel for viewings, contract signing, or the final deed. Granting power of attorney to your lawyer enables them to represent you fully during the property purchase.
How do I arrange a power of attorney in Portugal?
A Portuguese lawyer can draft the document, which must be signed before a notary. If you are abroad, you can arrange one at your local Portuguese consulate or with a notary in your home country, followed by an official translation and legalisation (apostille).
Can I set up a power of attorney from the UK or abroad?
Yes. Many buyers arrange a power of attorney in their home country. The signed document must then be translated into Portuguese and legalised before it is accepted in Portugal.
What can a power of attorney be used for in Portugal?
It can authorise your representative to sign contracts, complete property transactions, open a bank account, apply for a tax number (NIF), and handle residency applications. The scope of authority depends on how the document is drafted.
Is a power of attorney in Portugal safe?
Yes, provided it is drafted by a qualified lawyer and limited to the specific actions you want carried out. You can also set time limits or revoke it at any point.
Does a power of attorney need to be in Portuguese?
Yes. The official document must be in Portuguese to be valid, though you can request a bilingual version for your own understanding.
How much does a power of attorney cost in Portugal?
The cost depends on whether it is issued in Portugal or abroad. Fees in Portugal typically range from €100 to €300, while costs may be higher if arranged at a consulate or with extra legalisation steps.