Terminate That Power of Attorney

Deals must get done. Despite being in the US, you still need to file for divorce or sell your property in Brazil. The solution? A power of attorney. But what happens when you want to terminate it?

It’s always helpful to include an explicit termination provision. It’s also useful to have an expiration date when the power of attorney automatically terminates. Yet even without, the issuing party, or principal, may revoke the agent’s powers. The trick is making sure it’s done properly.

Brazil has two types of powers of attorney: private and public. As a general rule, private acts are terminated privately while public acts are terminated publicly. So your first task is to determine whether you’re terminating a private or public power of attorney.

Public powers of attorney must be terminated with a public deed. For Brazilian citizens and residents living in the US, this is done at the consulate. The agent must then be notified that the power of attorney was revoked.

A private power of attorney is far easier to terminate. It can be done with an extrajudicial notification sent by mail or delivered by a notary. You simply need to have proof that the agent was informed of the revocation of their powers.

Powers of attorney are generally straightforward, but this doesn’t obviate the need for careful planning and drafting. It’ll no doubt make life easier later on. Interested in learning more? Click HERE to read the Consulate General of Brazil in Miami’s guide to powers of attorney.