A substitution of power of attorney (sustitución de poder) is an act by which an attorney-in-fact appointed by a grantor transfers or delegates, in whole or in part, the powers they hold to a new attorney-in-fact, allowing the latter to act on their behalf.
What is it for?
- To allow a new attorney-in-fact to take on the powers originally granted
- To delegate or transfer responsibilities and powers
- To ensure the continuity of legal representation
- To guarantee that formalities and procedures continue to be carried out
What does the notary do?
- Receives the attorney-in-fact's request to carry out the substitution
- Drafts the record or document of substitution of power of attorney
- Verifies the identity and capacity of the substitute attorney-in-fact and of the grantor
- Attests, signs and seals the document formalising the substitution
Main features
- It can be total or partial, depending on the powers delegated
- It must be in writing and executed before a notary to be valid
- The substitute attorney-in-fact takes on the powers granted
- It takes legal effect from the moment it is formalised
Important considerations
- The substitution must be clearly defined and authorised
- It may require the express authorisation of the grantor
- For practical purposes, it is advisable to notify interested third parties
- It protects the validity and continuity of legal acts
Legal validity
The substitution has full legal validity and allows the representation granted to continue without interruption, ensuring security and formality in the exercise of the powers.