A power of attorney for legal proceedings (poder para pleitos) is a public document executed before a notary by which one person (the grantor) authorises another (the attorney-in-fact) to represent them and defend their interests in court, administrative or arbitration proceedings.
What is it for?
- Representing the grantor in civil, criminal, employment and commercial cases, among others
- Filing claims, responding to pleadings, proposing evidence and carrying out procedural steps
- Defending rights and legitimate interests before courts or authorities
- Entering into judicial or out-of-court agreements and settlements on the grantor's behalf
What does the notary do?
- Receives the request and the details of the grantor and the attorney-in-fact
- Drafts the specific power of attorney for representation in legal proceedings
- Verifies the identity and legal capacity of the parties
- Formally attests to the execution and certifies the document
Main features
- Powers limited to representation in court or administrative proceedings
- May be limited to a specific case or period of time
- A public document that gives legal certainty to the representation
- Represents the grantor with full legal effect
Important considerations
- The attorney-in-fact must always act in the grantor's interest and for their benefit
- It may be revoked or amended by the grantor at any time
- It is advisable to define the scope of the power clearly to avoid confusion
- It does not authorise the attorney-in-fact to act outside legal proceedings unless this is specified
Legal value
A power of attorney for legal proceedings has full legal validity, allowing the attorney-in-fact to act lawfully on the grantor's behalf before courts and authorities effectively and securely.