Power of Attorney (Procuração) Guide for Portugal

When navigating bureaucracy in Portugal - whether you're applying for a NIF, buying a house, or opening a bank account - you will frequently hear the term Power of Attorney, or in Portuguese, Procuração.

If you are not physically present in Portugal, or simply want a professional to handle complex legal matters for you, this document is your most powerful tool. But what exactly is it?

What is a Power of Attorney?

A Power of Attorney (PoA) is a legal document that gives one person (the "grantor" or "principal") the authority to act on behalf of another person (the "agent" or "attorney-in-fact").

In the context of moving to Portugal, you are the grantor, and you are usually giving authority to a lawyer, solicitor, or a fiscal representative to sign documents, submit applications, or make decisions in your name.

Why Do You Need It?

The most common reason for needing a Power of Attorney is Fiscal Representation.

If you live outside the EU/EEA, you are legally required to have a Fiscal Representative in Portugal to obtain a NIF (Número de Identificação Fiscal). The Power of Attorney is the document that officially designates this representative and gives them the legal standing to request the NIF from the tax authority (Finanças) on your behalf.

It is also commonly used for:

• Buying or Selling Property: Allowing a lawyer to sign the final deed (escritura) if you cannot be there.
• Inheritance: Handling assets in Portugal.
• Opening Bank Accounts: Though strict compliance rules often require personal presence, some steps can be handled via PoA.

Key Legal Terms to Know

• Procuração: The Portuguese word for Power of Attorney.
• Outorgante: The Grantor (you).
• Procurador: The Representative (the person you are empowering).
• Ratification: The confirmation that an act performed by the representative is valid.

How to Make it Valid

A Power of Attorney is not just a simple letter signed at your kitchen table. To be accepted in Portugal, it must meet specific formalities:

1. Specific Powers: It should clearly list exactly what the representative can do (e.g., "obtain a NIF," "purchase property at address X"). General powers are often not enough for specific acts.
2. Signature Verification: Your signature must be witnessed and certified. In Portugal, this is done by a Notary. Abroad, it must be done by a competent local authority (like a Notary Public).
3. International Validity: If you sign a PoA outside of Portugal, it often needs an Apostille (if your country is part of the Hague Convention) or consular legalization to be valid in Portugal.

Related: Moving from outside the EU? Check out our guide on how to get an Apostille for your documents.

Can I Cancel It?

Yes. A Power of Attorney can be revoked at any time, provided you follow the correct legal procedures to inform the representative and any relevant authorities.

Understanding this document removes a lot of the mystery from the process. It’s not about giving away your rights; it’s about empowering someone to help you build your new life in Portugal.