How do powers of attorney in Costa Rica work?
A power of attorney in Costa Rica is one of the most commonly used legal instruments by both locals and foreigners. It allows a trusted person to represent you, sign documents, and perform legal or administrative acts in your name when you cannot be physically present.
As a Costa Rican attorney and notary public, I regularly prepare, notarize, and register powers of attorney for clients who need to buy or sell property, manage corporate matters, appear in court, or handle legal procedures from abroad.
This guide explains how powers of attorney work in Costa Rica, what types exist, and which one you may need in your specific situation.
What is a Power of Attorney in Costa Rica?
A power of attorney is a legal mandate by which one person (the grantor) authorizes another person (the agent or “attorney-in-fact”) to act on their behalf.
In Spanish, the grantor is called the poderdante and the agent is the apoderado. Depending on its scope, a power of attorney may allow the agent to perform a single specific act or to broadly manage the grantor’s legal and financial affairs.
In Costa Rica, most powers of attorney must be granted before a notary public, and some of them must also be registered in the Public Registry.
Do Powers of Attorney Have to be Notarized or Registered?
Most powers of attorney in Costa Rica must be signed before a notary public and incorporated into a notarial deed. Some types of powers, especially broad or general ones, must also be registered in the Costa Rican Public Registry in order to be valid against third parties.
Other, more limited powers may only require signature authentication, depending on their purpose.
Types of Powers of Attorney in Costa Rica
Costa Rican law recognizes several types of powers of attorney, depending on how broad or limited the authorization is.
What is the Broadest Power of Attorney? (Poder Generalísimo)
The “poder generalisimo”, is the broadest type of power of attorney that can be granted in Costa Rica. It allows the agent to sign almost anything in your name, including buying or selling real estate. The agent can mortgage property, manage bank accounts, sign lawsuits, contracts, and perform virtually any legal or business transaction in your name.
This type of power must be granted in a notarial deed and registered in the Public Registry. Because of its scope, it should only be granted to someone you trust completely. It can, however, be limited or revoked at any time through a new notarial deed.
The Special Power of Attorney. (Poder Especial)
A special power of attorney is granted for one specific act. For example, it may be used to buy or sell a specific property, sign a particular contract, or complete a specific administrative or governmental procedure. Once that act is completed, the purpose of the power is exhausted. This type of power is extremely common in real estate transactions.
Judicial Powers of Attorney
There are two main types:
General Judicial Power of Attorney: A “poder geneeral judicial”, allows a lawyer to represent you in all current and future court proceedings. It must be granted in a notarial deed and registered.
Special Judicial Power of Attorney: The “poder especial judicial”, authorizes representation in one specific lawsuit or proceeding and usually only requires authenticated signatures.
Extraordinary Power of Attorney - Poder Especialísimo
This type of power is required for very specific and highly personal acts, such as getting married, getting divorced by mutual consent, or accepting or granting certain donations.
Because of the nature of these acts, the law requires a special and express authorization.
Can a Power of Attorney be limited or revoked?
Yes. Any power of attorney can be limited in scope when it is granted, and it can also be revoked at any time by the grantor through a new notarial deed.
Limiting a power of attorney is often a wise decision when you only want the agent to perform very specific acts.
Can I grant a Power of Attorney from abroad?
Yes. If you are outside Costa Rica, you can sign a power of attorney before a Costa Rican Notary or at a Costa Rican consulate. We regularly assist clients with this entire process.
Are powers of attorney used in corporations?
Yes. 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 the broadest power of attorney. (Poder Generalísimo).
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. It´s important to note, that authorization must be granted, by the Shareholder´s Assembly or Cuota Shareholders, or by the Board of Directors to dispose of corporate property.
Summary of Powers of Attorney in Costa Rica
General Power of Attorney. (Poder General)
This power is limited to general administrative functions and is usually given to a sub 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. I recommend this power for a general administration and for permit permissions.
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 are also granted, for specific bureaucratic acts with the State.
The General Judicial Power of Attorney. (Poder General Judicial)
These powers are given to legal to an attorney, for legal representation and legal assistance in judicial proceedings. The general judicial power of attorney, allows the lawyer to file and represent the client in all present and future lawsuits. It must be notarized before a notary public and then registered in the Costa Rican Registry.
The specific judicial power of attorney. (Poder Especial Judicial.)
This power of attorney can also be given to a lawyer, for legal representation in a particular legal process. Hence, it does not require notarization.
Extraordinary Power of Attorney. (Poder Especialisimo.)
This type of power is granted, for very specific acts, and only when the law requires it. These are the most extraordinary powers that a person can grant to another. They are used for legal assistance in very specific aspects of life that are highly personal, such as a marriage, donations or divorces.
The extraordinary power is granted by the person who wants a third party to sign on his behalf. So if you want someone to receive a donation in your name, get mutually divorced in your name, or marry, this is the power that´s used.
How we can help with Powers of Attorney in Costa Rica
At CPG Legal, we prepare, notarize, register, and advise on all types of powers of attorney in Costa Rica. Whether you are in Costa Rica or abroad, we can guide you step by step and make sure your power of attorney is properly drafted and legally effective. If you need a power of attorney in Costa Rica, contact us and we will be glad to assist you.