How to sign a power of attorney in the U.S. that will be accepted in Brazil, the two ways to do it, and the steps most people miss.
Selling a property, handling an inheritance, renewing a document or managing a bank account in Brazil usually means someone has to be there in person. When you live in the United States, a power of attorney (procuração) lets a person you trust act in your name. The document only works, though, if it is signed in a way Brazil recognizes.
Two ways to do it
1. A public power of attorney at a Brazilian consulate. The consulate drafts and registers the document, and it is accepted in Brazil like one made at a cartório there. You request it through the consulate's online system and then sign in person. This route is generally the one required for acts that Brazilian law says must be done by public instrument, such as selling real estate.
2. A private power of attorney signed in the U.S. You sign the document before a U.S. notary public. For Brazil to accept it, it then needs an apostille. Many everyday matters can be handled this way, and it is often faster when the consulate is far from where you live.
Before choosing, ask the cartório, bank or agency in Brazil that will receive the document which type it accepts. That one question prevents most rejected documents.
What an apostille is
An apostille is a certificate that confirms the notary's signature is genuine, so the document can be used in another country. Brazil has been part of the Hague Apostille Convention since 2016, which means documents going there no longer need consular legalization.
In the U.S., the apostille for a notarized document is issued by the Secretary of State of the state where the notary is commissioned. A document notarized in Georgia is apostilled in Georgia, not in the state where you happen to live.
Steps for a power of attorney signed in the U.S.
- Draft the power of attorney with the specific powers that are needed
- Sign it before a notary public
- Request the apostille from that state's Secretary of State
- Send the original to Brazil
- If the text is in English, have it translated in Brazil by a sworn translator (tradutor juramentado)
- Some cartórios also ask for the document to be registered before it is used
What the document should say
- Full details of the person granting the powers: name, nationality, marital status, occupation, address, and the Brazilian CPF and ID numbers
- The same details for the person who will act in Brazil
- The powers, described specifically. "Sell the apartment at this address" is accepted far more easily than a general phrase.
- How long the document is valid, if you want to set a limit
Banks and cartórios often refuse documents that are vague or that they consider old, so ask whether there is a maximum age for the power of attorney.
Common mistakes
- Getting the apostille in the wrong state
- Using a general power of attorney where a specific one is required
- Skipping the sworn translation for a document written in English
- Signing a private document for an act that requires a public one
How we help
We prepare general and specific powers of attorney in English or Portuguese from the instructions you give us, and we explain the notarization and apostille steps for your state. See our power of attorney service or request a quote.
Eazy Way Solutions is a document preparation service, not a law firm. This article is general information and is not legal advice. Rules change and vary by state and by agency, so confirm the current requirements with the office that will receive your documents.