A power of attorney is a unilateral deed whereby one party (the principal) grants another party (the agent or attorney) the power to act on his / her behalf and in his /her name in relation to third parties in the performance of one or more deeds, the effects of which will be directly attributable to the principal. The power of attorney is not valid unless it is granted in the form prescribed for the contract that the agent is required to conclude.
A general power of attorney – which may only be granted in the form of a public deed, i.e. drawn up and kept by a notary public – covers all administrative acts of the principal, and may be granted for an indefinite term, until revoked. The special power of attorney, instead, enables the agent to act for a specific matter or transaction and may be granted either by public deed or by private deed with notarised signature (see below).
Main reference legislation: Civil Code, Articles 1387-1400; Law 89/1013, Article 51