General, Special, and Declared Value Powers of Attorney

A general power of attorney covers simple administrative acts. Understand when to use special powers or declared value at a notary office.

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Por Equipe Editorial do 5º Tabelionato de Notas do Recife — Redação jurídica assistida por IA · 5º Tabelionato de Notas de Recife

Context Note: This content describes Brazilian notary law and legal procedures under the Brazilian legal system.

Differences Between General Powers, Special Powers, and Declared Value Powers of Attorney

difference-between-general-special-and-declared-value-powers-of-attorney

This article answers

  • What is the difference between a general power of attorney and a special power of attorney?
  • When does a power of attorney require a declaration of transaction value?
  • Does a power of attorney for probate/inventory require general powers or the specification of assets and values?
  • How do I know if I need a public or private power of attorney?
  • Can I revoke a general power of attorney at any time?

In summary

  • A general power of attorney grants authority for simple routine administration acts, whereas a special power of attorney is indispensable to alienate, mortgage, or settle assets.
  • Acts involving real estate, motor vehicles, or estate partition require express clauses and special powers described in the text drawn up at the notary office (tabelionato de notas).
  • A power of attorney with declared value applies when the mandate specifies the exact amount of the economic transaction represented, impacting the tax and fee calculation of the act.
  • The principal retains the right to revoke the mandate at any time at the notary office, guaranteeing the sovereignty of their will.

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What is the difference between a general power of attorney and a special power of attorney?

A general power of attorney (procuração de poderes gerais) grants the attorney-in-fact (outorgado) the capacity to perform ordinary acts of administration on behalf of the principal (outorgante). This document authorizes the payment of routine bills, representation before public utility providers, and requests for simple registration information.

On the other hand, a special power of attorney (procuração de poderes especiais) requires detailed specification of the act to be performed. To alienate property, mortgage assets, settle disputes, grant full discharge, or execute agreements, the law establishes that powers must be express and delimited ([VERIFY: Código Civil, art. 661, § 1º]). A general power of attorney does not permit the sale of real estate or vehicles, as such conduct exceeds mere asset management.

The notary office (tabelionato de notas) acts through notarial qualification to draft the power of attorney according to the parties' intention (Lei nº 8.935/1994 [Notarial and Registral Services Act], art. 6º Lei nº 8.935/1994, art. 6º). When you only need routine representation, a general power of attorney meets the demand. However, legal transactions involving asset disposition require individual itemization of the object and the granting of special powers within the notarial text.

To deepen your understanding of the distinction between powers and specific clauses, check our guide on general and special powers in public powers of attorney.

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Comparative table of power of attorney types

| Feature | General Power of Attorney | Special Power of Attorney | Power of Attorney with Declared Value |

| :--- | :--- | :--- | :--- |

| Main purpose | Routine and ordinary administration of assets and business. | Execution of a specific legal act or property alienation. | Representation in a legal transaction with a fixed economic amount. |

| Permitted acts | Pay bills, request certificates, sign simple petitions. | Sell real estate, donate assets, sign partition deeds. | Sale of property for a set price, onerous assignment with an exact value. |

| Contractual limitation | No detailed specification of assets or values. | Details the asset matrix, permitted act, and operational limits. | Contains the financial amount linked to the transaction and mandate. |

| Notary office effect | Fee charged for notarial act without economic value. | Fee charged for notarial act without value (unless financial content exists). | Emoluments charged based on the schedule for economic value. |

| Revocability | Revocable at any time by the principal. | Revocable at any time, except in cases of an irrevocability clause. | Revocable, subject to compliance with assumed contractual obligations. |

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When does a power of attorney require a declaration of transaction value?

The declaration of value in a public power of attorney occurs when the mandate specifies the exact amount of a property transaction. If the principal grants powers to sell a specific real estate property for the exact value of R$ 500,000.00, the power of attorney takes on the nature of an act with delimited financial content.

This specification directly affects classification under the official state fee schedule (tabela de emolumentos). While a general power of attorney has a fixed cost as it is considered an act without appreciable economic value, a power of attorney with declared economic value is calculated according to the value bracket of the granted transaction.

Including the financial amount is common in purchase and sale agreements or bank discharges. Precise indication reduces the risk of disagreement regarding the price authorized by the owner. When the goal is to grant the representative negotiation flexibility without locking in the final amount, a special power of attorney is granted without fixing a predetermined sale price in the body of the mandate.

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Does a power of attorney for probate/inventory require general powers or the specification of assets and values?

Representation in extrajudicial probate/inventory (inventário extrajudicial) drawn up at a notary office cannot be conducted using a simple general power of attorney Lei nº 13.105/2015 — Código de Processo Civil, art. 610. The succession procedure involves adjudication, partition, and potential assignment of inheritance rights (Código Civil [Civil Code], Lei nº 10.406/2002, art. 1º,784 Lei nº 10.406/2002 — Código Civil, art. 1º.784).

To act in a probate procedure, the representative must present a public power of attorney with express and special powers to:

  • Request initiation and sign the public deed of inventory and partition (Lei nº 11.441/2007, art. 1º Lei nº 11.441/2007, art. 1º);
  • Accept or renounce the inheritance;
  • Declare assets, agree to valuations, and sign the partition agreement;
  • Settle disputes and assign rights, if applicable.

If you use a general power of attorney, the notary cannot draw up the public deed of inventory. This requirement stems from the principle of legal certainty, ensuring that the heir is fully aware of the transmission and partition acts performed in their name (Código Civil, Lei nº 10.406/2002, art. 215 Lei nº 10.406/2002 — Código Civil, art. 215).

You can verify the documentation required for extrajudicial succession in our article on public deed and extrajudicial inventory.

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How do I know if I need a public or private power of attorney?

The choice between a public power of attorney (procuração pública) and a private power of attorney (procuração particular) depends on legal requirements for the act to be performed or formalities demanded by third-party bodies and institutions. A public power of attorney is drawn up at a notary office by a notary (tabelião) or their legal deputy, guaranteeing prior verification of identity, capacity, and manifestation of will by the parties (Lei nº 8.935/1994, art. 1º Lei nº 8.935/1994, art. 1º).

You mandatory need a public power of attorney when:

  • The act to be performed requires a public deed by law, such as real estate transfers valued above 30 times the national minimum wage (Código Civil, Lei nº 10.406/2002, art. 108 Lei nº 10.406/2002 — Código Civil, art. 108);
  • It involves solemnizing a marriage by proxy;
  • The principal is illiterate or unable to sign;
  • Banks or federal, state, and municipal public bodies require a public instrument for acts of financial representation or fund movements.

A private power of attorney is drafted by the parties themselves without entry into a notarial book. However, for acts involving real property rights or banking regulatory requirements, private instruments are routinely rejected. When in doubt, a general power of attorney executed publicly offers public faith (fé pública) and permanent archiving at the notary office.

Learn more about the notarial procedure in the article requirements and documentation for drafting a public power of attorney.

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Can I revoke a general power of attorney at any time?

Yes. A power of attorney is based on the relationship of trust between the principal and the attorney-in-fact. If that trust is broken, the principal may revoke the general power of attorney at any time before the notary office.

Revocation is formalized through a public deed of revocation of power of attorney (escritura pública de revogação de procuração). Once the revocation is executed, it is essential to notify the former attorney-in-fact so that the revocation takes full effect and prevents continued representation.

There are few legal exceptions to the rule of free revocation. A power of attorney is irrevocable when it contains an "in one's own cause" clause (cláusula em causa própria) or when it is a condition of a bilateral agreement executed between the parties. In these cases, revocation without mutual consent or judicial ruling is void.

For details on notarial practice regarding banking institutions, consult the article public power of attorney at a notary office: banks and rules.

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Checklist of documents for drafting a power of attorney

To execute a power of attorney at a notary office, present the following documentation:

  • [ ] Official identification document of the principal: RG, driver's license (CNH), or valid professional identity card with photo.
  • [ ] CPF of the principal: proof of registration in the Individual Taxpayer Registry (Cadastro de Pessoas Físicas).
  • [ ] Proof of residence of the principal: recently issued (last 90 days).
  • [ ] Qualification data of the attorney-in-fact: copy of document or full indication of name, RG, CPF, marital status, profession, and address.
  • [ ] Marriage certificate of the principal (if applicable): indispensable if the act requires spousal consent or involves real estate assets.
  • [ ] Specific documentation of the asset or transaction: updated property registry transcript (matrícula), vehicle registration document (CRV), or bank account details when the power of attorney involves special powers or declared value.

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In practice

Case 1: Representation for managing leased real estate

A property owner travels abroad and grants a general power of attorney to his brother to manage three rented apartments. The attorney-in-fact is able to sign residential lease agreements, pay condo fees, and receive rent payments. When a purchase offer arises for one of the properties, the buyer requests execution of a public deed (Código Civil, Lei nº 10.406/2002, art. 1º.245 Lei nº 10.406/2002 — Código Civil, art. 1º.245). The notary refuses representation based on the general power of attorney, as real estate alienation requires a special power of attorney with express reference to the asset. The owner had to grant a new notarial instrument via e-Notariado specifying sales powers ([VERIFY: Provimento CNJ nº 149/2023, Livro II Provimento CNJ nº 149/2023, Livro II]).

Case 2: Granting of powers for deed execution with adjusted value

Two business partners agreed on the sale of a real estate share for the value of R$ 200,000.00. The seller was unable to attend on the scheduled date and executed a power of attorney with declared value, explicitly containing authorization to receive the exact amount and grant price discharge in the definitive deed. The notary instrument was classified under the emolument schedule corresponding to the fixed economic content. The act was completed at the notary office with security for both parties.

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Common errors

  • Using a general power of attorney to sell real estate: law prohibits the sale or encumbrance of assets unless the power of attorney contains special powers and specific identification of the property (Código Civil, Lei nº 10.406/2002, art. 104 Lei nº 10.406/2002 — Código Civil, art. 104). How to avoid: Request the execution of a special power of attorney with a clear description of the property and authorized terms.
  • Failing to notify the attorney-in-fact of revocation: executing the deed of revocation but failing to formally notify the former representative or financial institutions. How to avoid: Request the notary office to issue notification via the Registry of Titles and Documents (Registro de Títulos e Documentos — RTD) or send a postal extrajudicial notification to provide formal notice of revocation.
  • Presenting a private power of attorney at banks or public agencies for complex transactions: attempting to transfer assets or close accounts using private powers of attorney without notarized signature verification (firma reconhecida). How to avoid: Prefer a public instrument of general power of attorney or special power of attorney drawn up at a notary office.
  • Confusing the validity period of a power of attorney: assuming a power of attorney automatically loses efficacy after a generic period. How to avoid: Check the express term in the power of attorney; if the document does not stipulate an expiration date, it remains valid until revocation, renunciation, or death of the parties occurs.

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Frequently asked questions

What is the difference between a general power of attorney and a special power of attorney?

A general power of attorney authorizes only ordinary administration acts, such as paying bills and representing the principal before public agencies. A special power of attorney specifies acts of alienation or disposition of rights, such as selling real estate or signing estate partition deeds.

When does a power of attorney require a declaration of transaction value?

Indication of value in a notarial instrument occurs when the granted act involves a legal transaction with delimited economic expression, such as purchase and sale agreements or assignment of rights. This qualification alters classification under state fee schedules.

Does a power of attorney for probate/inventory require general powers or the specification of assets and values?

Representation in extrajudicial probate requires express and special powers to settle disputes, sign partition deeds, and assign inheritance rights. Presenting a general power of attorney for simple administration is insufficient.

How do I know if I need a public or private power of attorney?

You need a public power of attorney when the act to be performed requires a public deed by law, such as real estate transactions exceeding 30 minimum wages, or when a banking institution or public agency mandates a notarial document executed at a notary office.

Can I revoke a general power of attorney at any time?

Yes. Since a power of attorney is based on trust, the principal may revoke a general power of attorney at any time by means of a public deed of revocation drawn up at a notary office, subject to legal exceptions of contractual irrevocability.

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Editorial Team: 5º Tabelionato de Notas do Recife

Last legal review: October 12, 2026

Version: 1.0

Territorial scope: Federal rule (Código Civil and CNJ Regulations), with fee schedules regulated at the state level by TJPE.

Informational and institutional content; does not replace individualized legal advice for specific cases. Visit a notary office (tabelionato de notas) in your jurisdiction to execute or resolve questions regarding a notarial power of attorney instrument.

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