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Definition and types of power of attorney letter
A power of attorney is a legal document by which a citizen gives another or another the responsibility to represent it or make legal decisions on a specific good or matter.
This document must be notarized in order to be valid before the various institutions and in the relevant procedures. This time we will explain the types of powers that exist, as well as an example of each.
There are basically two types of powers: unlimited and limited. In the case of unlimited power, it would be a document in which the owner or directly involved in a process empowers another individual, may or may not be a lawyer, to exercise and make a series of decisions on some or some of the goods, as well as various matters.
For example, in the midst of a legal claim process, the plaintiff gives his lawyer a power to represent him freely before the relevant courts and courts. However, such powers also have implicit limitations, i.e. granting broad power to someone does not imply that the proxy can make decisions above the owner or interested.
Likewise, unlimited power does not deprive the granter to make decisions about their assets or legal matters.
Another important factor in terms of unlimited powers is that even if the proxy has the power to make broad decisions on any good or issue, this document is given for a certain time, after which the proxy loses its power over the property or Facts.
Likewise, if after having signed a power letter the giver dies, the proxy immediately loses his powers, passing these directly to the successors of the deceased.
Example of an unlimited power of attorney letter
Nueva York, 29 November 1989
POWER OF ATTORNEY LETTER
I, and I hereby, Albert Hemingway, a U.S., U.S. national, of legal age, single, identified with the citizenship certificate XXXXXXXXXXX, residing in New York City at Kr. XX, issue XX. and in full use of my powers, I grant the following power to Armand Lewinsky, a U.S. national, of american nationality, single, identified with the citizenship certificate XXXXXXXXXX, resided in the city of Boston at kr XX, number XX, so that in my name and representation is responsible for carrying out all the necessary processes for the realization of the business of buying and selling fabrics and other raw materials, as well as the administration of the business My fabric, of which I am the owner, as the deeds say notary XX of the city of Bogota, under registration number XXXXXX.
In accordance with the above, I proceed to sign this document, in the city of Boston, on twenty-nine (29) days of November of the year of nine hundred and eighty-nine (1989)
On the other hand there are also limited powers, in which case the owner or direct interested party grants the power to another or another to represent it or make decisions on specific, rather than general matters. Also within the power chart you can specify to which matters or decisions the proxy is entitled.
Similarly, as in the case of unlimited powers, limited powers do not cause the owner or direct involved to lose its power of decision and action over its property or legal matters.
Such powers are also granted for specific times, after which the proxy loses power over the grantor’s assets or affairs. Likewise, the death of the latter immediately nullifies the given power.
Example of a limited power letter
Caracas, 25 August 2001
I, HANNA SMITH, of Canadian nationality, widow, identified with the identity card V-XXXXXXXX, residing in the city of Toronto, at the address Av. XXXXXXX, Equine XXXXXX, Building XXXXXXXX, tower XX, twentieth floor, apartment XXX, and in full use of my powers, I grant the following power to BARNEY GOMEZ, a U.S. national, of legal age, single, identified with the identity card V-XXXXXXXX, so that on my behalf and representation OCUPE AND ADMINISTRE the house of my xxxxxx, XX Street, house number XXXX, and is duly registered in the New York City Main Register, under the number XXXXXXX.
It should be noted that this power exempts the holder of selling, renting, transferring, signing promises of purchase and sale or assigning to third parties the present immovable property, this power being solely and exclusively from my competence, as sole owner, as recorded in the registered in the above-mentioned instance.
In accordance with the foregoing, I proceed to sign this document, in New York City, United States, on twenty-five (25) days of August of the year two thousand one.
Items that a power of attorney letter must have
Given these examples, it is necessary to conclude that basically in all power the following data must always be left in writing:
- The name of the granter, nationality, identification number and address.
- Name of the person granted power, also accompanied by his or her nationality, identification number and address.
- Properly detailed and specific actions for which the proxy is empowered.
- Time during which the proxy shall exercise such powers.
- The exceptions that the grantor wishes to specify on the powers of the proxy.
- Date and place at which the signature is carried out.
- Signature of the grantor.
- Stamp and signature of the Notary to which the document was notarized.
Image source: Peru21.pe
August 28, 2019