The Infamous Public Power of Attorney

Whether you’re buying a condo or transferring assets of an estate, you’ll likely hear that you need a public power of attorney. Certain legal transactions in Brazil require that documents be filed in the public books of a Brazilian notary office. But you’re in the United States, right? So what do you do?

Let’s be clear: there’s no such thing as a public power of attorney in the United States. Powers of attorney here are governed by state law, and no state has a public filing option (despite what a Brazilian notary may try to tell you - trust us, we’ve heard it all).

For Brazilian citizens and Americans with Brazilian residency, the solution is straightforward. Go to a Brazilian Consulate in the US, and there you can sign a public power of attorney. You’ll then get a copy to send to Brazil for local registration.

But that option isn’t available for noncitizens and nonresidents. For example, if you’re an American buying a house in Brazil, the Brazilian Consulate won’t help.

The Brazilian government simply doesn’t offer a way for noncitizens and nonresidents to sign a public power of attorney outside of Brazil. A power of attorney that is notarized and apostilled under US law usually will not meet the “public” requirement either.

Unfortunately, there is no simple solution. For some, a trip to Rio may not be such a bad option. For others, traveling to Brazil is out of the question. Having someone who can speak with the notary on your behalf and help explore alternative solutions is crucial if you want to head off potential problems down the road.