A power of attorney is a document through which a person (called the grantor) transfers powers to another person (called the grantee) to perform some legal act. This transfer may occur through powers of attorney private or public.
Private powers of attorney are those that can be drawn up and signed by anyone, while public powers of attorney must be prepared and registered with a Notary Public. For this reason, public proxies have greater legal effectiveness, being accepted in any agency, in addition to enabling the issuance of certificates.
Despite being a formal document, there is no exact prediction how a power of attorney should be written or formatted. The Brazilian Civil Code, in its article 654, paragraph 1, only requires that the power of attorney contain:
- indication of the place where it was passedThe
- The identification of the grantor and the grantee
- the date and purpose of the grant
- Soy beveragecreation and the extent of powers conferred
However, considering the seriousness of the document, it is common for people to feel insecure about writing powers of attorney. For this reason, we will show here some examples to be followed when making yours.
Simple Power of Attorney
The example above shows a simple proxy template. Note that the information contained therein fills in all the necessary elements in a power of attorney: identification of the place, purpose and validity of the power of attorney, as well as the identification of the grantor and the granted. Don't forget to clarify this information as best you can.
Any power of attorney, on any subject, may follow the model above. Thus, if the purpose of the document is to buy a house, sell a property, open a bank account or any other act of civil life, just specify in the text.
Power of Attorney
The power of attorney transfers to the grantee the ability to basically perform any act of civil life on behalf of the grantor. It is an extremely important document and must be written with care. Take the example above and tailor it to your needs.
The Power of Attorney is generally used by people who need to be represented frequently, such as people who travel a lot or who have limited mobility.
Ad Judicia and Extra Power of Attorney
the power of attorney ad judicia grants powers to the grantee to represent the grantor in court. It is the document used to constitute lawyers.
The example above obeys the rules of article 105 of the New Brazilian Code of Civil Procedure, which provides that the power of attorney, as a rule, enables the lawyer to practice all acts of the process, except:
- receive citation
- to confess
- acknowledge the origin of the request
- compromise
- to give up
- renounce the right on which the action is based
- receive and give discharge
- make commitment
- sign a declaration of economic insufficiency
For this reason, the granting of powers to perform the acts listed above must be included in express clause in the power of attorney, as shown in the example. With the presence of this additional power clause, the power of attorney ad judicia will be called ad judicia et extra.
Although not deviating from the standard model, the power of attorney ad judicia et extra has a point that deserves special attention. It is important that it be expressed whether the powers granted may or may not be replaced, that is, if the lawyer may or may not transfer powers to a third person, a very common practice in law offices. advocacy.
In general, clearly specify which acts the lawyer may perform on their behalf and in which situations. Will he be able to make deals? Receive values? Give up on the process? Don't forget to adapt the templates to your needs.