Public Power of Attorney: Special Powers and Validity
A public power of attorney formalizes legal representation at a notary office, requiring specific clauses and express special powers for real estate sales and asset transfers.
Última atualização:
Por Editorial Team of the 5th Notary Office of Recife — AI-assisted legal writing · 5º Tabelionato de Notas de Recife
Note: The content below describes Brazilian civil and notarial law.
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Title
Public Power of Attorney: Which Powers Require Specific Clauses and What Is Its Validity?
This article answers
- What is a public power of attorney and what is it used for?
- Which powers require specific clauses in a public power of attorney?
- What is the validity period of a public power of attorney?
- Does a public power of attorney granted by an elderly person have a shorter validity?
- How to make a public power of attorney at a notary office step by step?
- How much does it cost to make a public power of attorney at a notary office?
FAQ
What is a public power of attorney and what is it used for?
A public power of attorney is a formal instrument drafted at a notary office in which a person grants legal authority to another to perform legal acts on their behalf. The document holds public faith, providing publicity, authenticity, and legal certainty to represented relationships.
Which powers require specific clauses in a public power of attorney?
Powers to sell, mortgage, encumber real estate, make donations, compromise, acknowledge debts, grant discharge, or contract marriage require express and detailed clauses. Explicitly describing the object prevents nullity and protects the principal's assets.
Base legal
- provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
- provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
- lei_federal 10.406 2002 — Lei nº 10.406/2002
- lei_federal 8.935 1994 — Lei nº 8.935/1994
- codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
- codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
- codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
- lei_federal 8.935 1994 — Lei nº 8.935/1994