The Powerof Attorney

A power of attorney is a notarial document through which a person entrusts another person with the performance of one or more tasks. It is usually granted when a person is out of the country or, being in the country, cannot appear personally to perform the activity for which the power of attorney is granted.

The notary must be fully qualified to draft a power of attorney, as each case is different and each person has different needs.

For more than 25 years, we have known and understood the needs of migrants, as well as the most frequent powers they use, such as:

• Power of attorney to purchase a home.
• Power of attorney to open a bank account.
• Power of attorney to obtain permission to leave for minor children.
• Power of attorney to sell property or a vehicle.
• Power of attorney to make mortgage loans.
• General powers of attorney and powers of attorney for lawyers to represent them in legal proceedings.

Importance of power in international private relations

In the field of international private relations, the power of attorney is the most frequent and important instrument in notarial work.

This function of the notary is even more delicate and relevant when it comes to powers of attorney whose validity is limited to the international sphere.

The Anglo-Saxon (American) notary’s office differs greatly from the Latin (Ecuadorian) notary’s office:

• In the United States, the notary does not have legal training and does not draft legal documents.
• In the Latin notary’s office, the notary is usually a lawyer with a legal background.

Therefore, caution should be taken when granting powers of attorney abroad, making sure that they comply with all legal requirements in Ecuador and in the country where they are signed.

International power and its validity

The international power of attorney is governed by Private International Law, in which the intrinsic will of the principal must prevail .

The notary must draft it in a clear and precise manner, ensuring that it complies with all the constituent elements for its validity, such as:

• Capacity and will of the grantor.
• Form and substance of the public instrument.

Advice on the preparation of international powers of attorney

Ecuadorian laws are complex and constantly changing. Every situation is different, and if you need to make a power of attorney to be legally effective in Ecuador, Spain, Mexico, Colombia or any other country, it is not enough to sign it at the Civil Registry.

Proper advice should be sought on the different economic regimes and their implications, especially if it relates to property, family or marriage.

It is not only artists who seek advice before getting married. You are the artist of your own life, marriage, family and children, so getting the right advice is your responsibility and within everyone’s reach.

If you have any questions, please do not hesitate to contact us. Write us, call us or visit us at our offices, where we will be glad to assist you.

We have a team of proven professionals with vast experience in marriages inside and outside Ecuador, as well as in the choice of the economic regime that will govern the marriage.

We specialize in Family Law, together with a staff of attorneys that seeks to offer a quality service, distinguishing ourselves from what is commonly offered by other lawyers, notaries or improvised persons.