Power of Attorney
POWERS OF ATTORNEY
Public Power of Attorney
Private Power of Attorney
PUBLIC POWER OF ATTORNEY
For Brazilian citizens and non-citizen residents with valid RNE card only
GENERAL INFORMATION
· Public power of attorney is a service offered by appointment only. See the instructions below on how to request this service.
· Only Brazilian citizens (18 years or older) and non-citizen residents of Brazil who hold a valid RNE (National Registration of Foreigners) card may grant public power of attorney at the Consulate General. Non-Brazilian citizens who do not hold a valid RNE card may formulate their own private power of attorney through other means (see information in the “Private Power of Attorney via Notary Public” section below).
· Per Brazilian legislation, powers of attorney concerning certain issues (e.g. marriage, divorce, buying and selling of properties, wills, etc.) are only valid if they are public. You should verify with the institution to which you will present the power of attorney what type they require (public or private).
· It is recommended that a power of attorney be given an expiration date.
· The grantor must appear in person at the Consulate General on the day of the appointment to sign the public power of attorney.
· Questions about public power of attorney may be sent to atos.cgwashington@itamaraty.gov.br
HOW TO REQUEST PUBLIC POWER OF ATTORNEY
1. Create a service request for “Procuração pública/Public power of attorney” via the e-consular system. You will need to create an account using your e-mail address if have not used the e-consular system before.
2. Complete the service request with all the information of the grantor and the agent/grantee, and a description, in clear and concise language, of the powers being granted. Templates in Portuguese of common powers of attorney can be found here.
3. Once your request has been reviewed and approved*, choose an available appointment date via the e-consular system to appear at the Consulate. The grantor(s) must present valid Brazilian photo ID at their appointment. In cases involving financial issues, grantor(s) should also provide their CPF.
* Your online service request will first be reviewed by the Consulate. If any information is missing or incomplete, you will receive a notification via e-mail to re-submit the correct information. You will only be able to schedule an appointment via the e-consular system once you have provided all the correct information, as verified by the Consulate.
4. Purchase a money order from the United States Postal Service (post office) and bring it to the Consulate on the day of your appointment.
* Public power of attorney for collection of state pensions or retirement: $5.00
* Public power of attorney for all other purposes: $20.00
* The Consulate will not accept any other form of payment, including money orders from other institutions such as CVS, Western Union, etc.
PRIVATE POWER OF ATTORNEY (VIA THE CONSULATE GENERAL)
For Brazilian citizens and non-citizen residents with valid RNE card only
GENERAL INFORMATION
· Private power of attorney, though similar to public, is composed and printed entirely by the grantor. As such, the Consulate General’s role amounts to authentication of the grantor’s signature on the document.
· The Consulate General can only authorize the signatures of Brazilian citizens and non-citizen residents with a valid RNE card.
· Per Brazilian law, private powers of attorney are not suitable in certain cases (e.g. marriage, divorce, buying and selling of properties, wills, etc.). You should verify with the institution to which you will present the power of attorney which type (public or private) they require.
· Private power of attorney should contain the following information:
o Identifying information of grantor and agent/grantee: full name, Brazilian ID card and/or passport number, CPF, marital status, profession, and address
o Specific powers being granted and expiration date, if applicable
o Date of issue, location, and signature of grantor
· It is recommended that a power of attorney be given an expiration date.
· Questions about private power of attorney may be sent to legal.cgwashington@itamaraty.gov.br
HOW TO REQUEST PRIVATE POWER OF ATTORNEY
1. Create a service request for “Procuração particular/Private power of attorney” via the e-consular system. You will need to create an account using your e-mail address if have not used the e-consular system before.
2. Complete the service request, uploading clear images of the power of attorney and the “Ficha de Assinatura” form.
3. Once your request has been reviewed and approved*, choose an available appointment date via the e-consular system to appear at the Consulate. The grantor(s) must present valid Brazilian photo ID and printed copies of the power of attorney and the “Ficha de Assinatura” at their appointment.
* Your online service request will first be reviewed by the Consulate. If any information is missing or incomplete, you will receive a notification via e-mail to re-submit the correct information. You will only be able to schedule an appointment via the e-consular system once you have provided all the correct information, as verified by the Consulate.
4. Purchase a money order from the United States Postal Service (post office) and bring it to the Consulate on the day of your appointment.
* Authentication of signature on private power of attorney: $20.00
* The Consulate will not accept any other form of payment, including money orders from other institutions such as CVS, Western Union, etc.
PRIVATE POWER OF ATTORNEY (VIA NOTARY PUBLIC)
For non-Brazilian citizens, or Brazilian citizens/non-citizen residents who are unable to travel to the Consulate General
GENERAL INFORMATION
· Non-Brazilian citizens residing in the United States who wish to grant power of attorney for use in Brazil must compose their own document, sign in the presence of a notary public, and subsequently have the notary’s signature and seal authenticated with an Apostille certification (see step-by-step instructions below).
· This option is also available for Brazilian citizens and non-citizen residents who are unable to travel to the Consulate General.
· If the original power of attorney is written in Portuguese, it is ready for use in Brazil once it has the Apostille certification. If written in English, it must be translated into Portuguese in Brazil by a public translator (tradutor público/juramentado) and subsequently registered in a Brazilian Cartório de Registro de Títulos e Documentos before it can be used.
· Questions about private power of attorney may be sent to legal.cgwashington@itamaraty.gov.br
STEP-BY-STEP INSTRUCTIONS
1. Compose a power of attorney document including the information of the grantor(s) and agent(s)/grantee(s), and a clear and concise description of the specific powers being granted. Templates in Portuguese of common powers of attorney can be found here.
2. Sign the document in the presence of a notary public.
3. Send the notarized document to the Secretary of State in the state in which the notary is registered for an Apostille certification of the notary’s seal and signature.