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Powers of attorney in Costa Rica

As a legal counselor, I recommend using powers of attorney in Costa Rica for various reasons.  Powers of attorney are a notarized service in Costa Rica and make your life easier. A power of attorney is a mandate granted by the grantor to a specific person, called the agent or “attorney, in fact.” In Spanish, the grantor is the “poder-dante,” and the agent is the “apoderado.” The mandates granted in a power of attorney can be general or specific. I may advise you to use them for various reasons.

A Notary Public must do some mandates in a public scripture. Some must even be registered in the Costa Rican Public Registry, or “Registro.” In this article, I will provide legal counseling on powers of attorney.

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The most general Power of Attorney. (Poder Generalísimo)

This is the broadest power that you can give to a specific person.  As your legal counselor in Costa Rica, I can draft this power for you in public scripture, as the law requires.  Once it’s prepared, I must register it in the Costa Rican Public Registry.

You can revoke any given power of attorney in the same manner you granted it: via a notary public in Costa Rica. For this purpose, as a grantor, you can always reacquire my legal services, and as a part of my legal counseling,  just revoke any given power of attorney.

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Legal counseling giving power of attorney as a legal service.
This legal service in Costa Rica gives the grantor full power to act on your behalf. As per legal counseling, I would suggest you use caution.

This general power of attorney allows an agent to sign all contracts and act in your name. The agent can do real estate purchases or sales, mortgage properties, and buy and sell.  He can pay debts on your behalf, place liens or encumber your properties, file lawsuits, or represent you in legal proceedings.

He can also place liens on vehicles in your name, sign contracts, do bank operations in your name, file claims, cancel operations, and has the power to carry out all types of business transactions in the name of the grantor. You must know this when you request this Costa Rican legal service. You are granting full power to a person to act on your behalf in almost every way.

Legal counseling giving power of attorney as a legal service.
Corporations in Costa Rica require the use of a power of attorney.

It’s important to note that corporations in Costa Rica are legal entities and, as such, can´t operate without a person to represent them. Under commercial law in Costa Rica, they must have a person with ample general power to represent them in physical reality. This power usually goes to the president of the corporation or manager. Hence, the agent can buy and sell in the company’s name, manage bank accounts, sign contracts, and even mortgage properties.

With exceptions, he requires authorization from the shareholders and board of directors. Corporations grant powers of attorney in Costa Rica in two ways: by a shareholder meeting, in which they give a power of attorney, or simply by the manager.  As your legal counselor in Costa Rica, I can provide legal counseling when setting up a corporation.

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General Power of Attorney.

(Poder General)

I provide another type of legal service in Costa Rica, which is the general power of attorney. This power is limited to administrative functions and is usually given to a manager in a corporation. These powers are limited, as the agent can’t buy, sell, or mortgage. He is even unable to rent a property that’s in the name of a corporation. For this, he requires an ample general power of attorney, not a general one. As a legal counselor in Costa Rica, I can give you legal advice on all of these topics.

Specific Power of Attorney.

(Poder Especial)

The specific power of attorney is limited to the act that the power stipulates. These powers are used for one particular action, such as to purchase or sell an asset. They for specific bureaucratic acts with the State. And they can also be used to buy, sell or lien a vehicle. These powers are made out by a notary public but are not registered in the Costa Rican registry.

General Judicial Power of Attorney for Legal Counsel and the Special Judicial Power of Attorney.

(Poder General Judicial and Poder Especial Judicial)

These are powers given to legal counsel in Costa Rica to represent the grantor judicially. These are standard legal services in Costa Rica for trials and judicial processes. The general powers are used to file and represent the client in all present and future lawsuits. The specific power is used for a particular legal process. The General Power must be granted with the participation of a notary public. It must be done in a public scripture and then registered in the Costa Rican Registry.
The specific judicial power of attorney does not require a public scripture; another lawyer or notary must authenticate the signature. These powers of attorney grant the lawyer the ability to represent the grantor in any lawsuit in Costa Rica. Hence, the attorney to whom the power is given can represent you in any judicial process. Your signature will only be necessary for some written acts in the judicial process, and the attorney can go to judicial hearings without your physical participation. .

Most Extraordinary Powers of Attorney.

(Poder Especialísimo)

This type of power is required only when the law determines it. These are the most extraordinary powers for aspects of life that are highly personal. This legal service in Costa Rica is given when unique situations require them, such as donations or divorces, regarding family law. The extraordinary power is granted by the person who wants a third party to sign on his behalf, very personal acts such as donations, a marriage act, or a mutually consented divorce. I can advise you on these legal services.

Contact me as legal counsel in Costa Rica

It’s important to note that powers of attorney are Costa Rican legal services that become crucial if you cannot sign personally.  Contact me if you have questions, and I will guide you through all the steps. Dr. Christopher Pirie- Attorney in Costa Rica.

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