How do I make a power of attorney?
Depends on the act: many only need a simple power of attorney; selling a property requires public form. The basis is art. 262 of the Civil Code (the form follows the act). A simple power of attorney (general powers), for administration acts, can be in private writing. A power of attorney with special powers is required for specific acts (e.g. selling a named property), with the powers expressly specified. For real estate, the power of attorney must have a witnessed (in-person recognised) signature or be a public instrument. Recognising/authenticating: notary, registry, lawyer, solicitor, chamber of commerce. It's freely revocable (art. 265). In short: it depends on the act and the form required.
📋 The rules
- Form follows the act (art. 262)
- Simple power of attorney: private writing
- Special powers: for specific acts (e.g. selling a property)
- Real estate: witnessed signature or public form
- Freely revocable (art. 265)
🔓 Exceptions
- Irrevocable power of attorney when in the agent's/third party's interest
- Consular power of attorney has the same value as a notarial one
- Mere administration acts only need simple form
⚠️ Penalties & fines
There's no "fine" — a power of attorney lacking the required form is null, and the acts done are ineffective. Indicative costs: a notarial power of attorney or public instrument is around €30 to €150 or more; the in-person signature recognition is about €15 to €30 (lawyers and solicitors set their own fees). Beware the Brazil confusion: there a "public power of attorney drawn up at a Cartório/Notary's Office" is used — in Portugal there's no "cartório", it's the notary/registry, based on art. 262 of the Civil Code. Myth: "any power of attorney works to sell a house" is false — it requires special powers identifying the property and public form/witnessed signature. To make one: define the powers, choose the right form for the act and, if real estate, arrange the witnessed signature.
📎 Official sources
- Civil Code — art. 262 (power of attorney) →
- ePortugal — powers of attorney and recognitions →
- Notary Code — DL 207/95 →
❓ Frequently asked
How do I make a power of attorney?
It depends on the act you want someone to perform on your behalf. For simple administration acts, a power of attorney in private writing may suffice. For more solemn acts, like selling a property, you need a power of attorney with special powers and a witnessed signature or a public instrument.
When do I need special powers?
You need a power of attorney with special powers for specific, defined acts, like selling or mortgaging a particular property, where the powers must be expressly identified. A power of attorney with only general powers isn't enough for those acts. The required form always follows the nature of the act.
What form does it need to sell a house?
To sell a property, the power of attorney must be in writing with a witnessed signature or a public instrument, a simple private signature not being enough. The recognition can be done by a notary, registry, lawyer, solicitor or chamber of commerce, and the power of attorney must identify the property.
Can I revoke a power of attorney?
Yes. A power of attorney is, as a rule, freely revocable at any time, under art. 265 of the Civil Code, with the revocation communicated to the agent and to third parties. It also ends on death or incapacity, completion of the act or expiry. There are also irrevocable powers of attorney, in special cases.
Where do I make a power of attorney in Portugal?
In Portugal, a power of attorney and signature recognition are handled with a notary, a registry, a lawyer, a solicitor or a chamber of commerce. Unlike Brazil, there's no notary's-office "cartório" figure. Portuguese consulates can also draw up powers of attorney with the same value.
🔎 Common searches
What people search to land here:
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