A lasting power of attorney (poder preventivo) is a public document executed before a notary by which one person (the grantor) gives another (the attorney-in-fact) powers to act on their behalf should the grantor lose the legal or physical capacity to do so themselves.
What is it used for?
- Planning ahead for situations in which the grantor cannot manage their own affairs
- Protecting interests and assets in the event of temporary or permanent incapacity
- Avoiding court proceedings for guardianship (tutela or curatela)
- Facilitating decision-making on health, finances and administration
What does the notary do?
- Receives the request and verifies the legal capacity of the grantor
- Drafts the lasting power of attorney with the specific powers
- Attests to the execution and conditions of the power of attorney
- Signs and seals the document to validate it
Main features
- It only comes into effect when the grantor loses capacity
- The powers are limited to what is necessary for protection and administration
- It aims to avoid disputes and lengthy proceedings
- It must be in writing and executed before a notary to be valid
Important considerations
- It is a preventive instrument, not an unlimited power of attorney
- It may include clear conditions for its activation
- The attorney-in-fact must always act in the best interests of the grantor
- It may be revoked if the grantor regains capacity
Legal value
A lasting power of attorney has full legal force, guaranteeing the authenticity and validity of the powers conferred and protecting the grantor's rights in situations of incapacity.