The Battle Continues: Public vs. Private Powers of Attorney

In our last article, we explained the differences between specific and general powers of attorney. If you missed it, click here to check it out. Now it’s time to explore the differences between public and private powers of attorney.

What makes them different is the form rather than the substance. A public power of attorney must be prepared by a Brazilian notary and signed on special paper. Then it’s attached to the publicly available books of the notary office.

Brazilian Consulates can also prepare public powers of attorney, but the service is only provided to Brazilian citizens and holders of permanent visas.

Private powers of attorney are exactly that - they’re private. They’re frequently drafted by lawyers, although anyone can do it. It’s a private instrument that has no formal requirements (except in some cases, you may have to get your signature notarized). For most day to day business activities, a private power of attorney will suffice.

So how do you know when you need a public or a private power of attorney?

Sometimes public powers of attorneys are required by law, as is the case when selling a house or getting married. They can also be requested by the receiving party. For example, a bank could ask for it when someone tries to open an account for you. Private powers of attorney can be used in all other cases.

If you have doubts, check with the person or entity that will be receiving and ultimately accepting the power of attorney. The decision is usually up to them.