Frequently Asked Questions
What is a power of attorney?
A power of attorney is an act by which someone voluntarily grants to another person the power to represent him or her. Except when otherwise legally determined, the power of attorney will have the required form for the business that the representative is expected to perform. (Cf. article 262 from the Portuguese Civil Code [CCiv]) <Top>
Who can be a representative holding a power of attorney?
The only thing the representative needs is the ability to understand and the will required by the nature of the relevant business. (Cf. article 263 from CCiv). However, proxies for appearing in court have to be granted to proxies (lawyers and solicitors), under the relevant codes of procedure. <Top>
Can the representative be replaced?
The representative can only authorize his/her own replacement by a third party if the represented so allows or if the replacement was foreseen in the power of attorney content or results from the judicial relationship that created it. The replacement does not imply the exclusion of the first representative, except if otherwise determined. Once the replacement is authorized, the representative will only be held responsible towards the represented if charged of misconduct in the choice of the replacement or in the instructions provided to him/her. If not otherwise provided in the terms of the business or act which the representative shall perform, he/she can use third party assistance in order to perform the power of attorney. (Cf. article 264 from CCiv) <Top>
When does the power of attorney expire?
The power of attorney expires once the representative waives it or when the legal relationship attached to it comes to an end, except if otherwise desired by the represented. The power of attorney may, at any time, be revoked by the represented, regardless the existence of whatever agreement stating otherwise or waiver to the right to revoke. Nonetheless, if the power of attorney was granted also in the interest of the representative or of a third party, it cannot be revoked without previous consent of said person, except if a fair ground circumstance occurs. (Cf. article 265 from CCiv) <Top>
Who can issue an electronic power of attorney?
Legally, any individual or legal entity, i.e. any citizen, company or institution (association, foundation, common ownership, etc.), may grant an electronic power of attorney, although in the launching stage the service is only available for the general public. <Top>
Is the issue of an electronic power of attorney possible only for Portuguese citizens?
This new idea comes from the systematic application of the rules of Portuguese law and is based on the Citizen's Card Act. Under this Act, the CC qualified electronic signature applies to Portuguese citizens, as well as to Brazilian citizens under the Tratado de Porto Seguro (Porto Seguro Treaty). <Top>
Is it necessary to live in Portugal?
The CC Act applies to all Portuguese people, with no exception, whether they live in Portugal or in the Portuguese Communities, inside or outside the EU. It applies also to Brazilian people who live in Portugal and are so qualified under the Tratado de Porto Seguro (Porto Seguro Treaty). <Top>
What do I need to have in order to use this service?
You will only need to have access to a computer with Internet connection, a browser (Internet Explorer, Netscape, etc.), Microsoft Word, a smartcards reader (which you can acquire through any Citizen's Store (Loja do Cidadão), Multicert, or other specialized seller), your CC, your qualified electronic signature PIN associated to your CC, reading ability and basic computer knowledge. <Top>
I already have a Citizen's Card, but the Citizen's Store (Loja do Cidadão) does not have the smartcards readers for sale yet and I cannot find them anywhere. What should I do?
In fact, we have realized that some regular stores found it difficult to acquire this simple equipment. Therefore, we have decided to sign a protocol with Multicert in order for this company to provide the smartcards readers to the users of the Instant Power of Attorney portal. This will only cost 19.90 pounds + expenses, for any CC holder, in any part of the world. Buy here. <Top>
Do I need a printer, paper, a pen, etc.?
No. With the innovation of the electronic power of attorney, you no longer need to use the traditional tools and utilities. However, if you wish, you can always print you power of attorney so you can keep a physical record of it. <Top>
What are the most important advantages for an individual?
Speed. Simplicity. Comfort. Cost-free service.
"Speed" because it narrows the medium delay of the principal-representative-public office cycle from about 5 working days to 5 minutes.
"Simplicity" because you only have to complete the name, address and NIP of both parties and place the electronic signature in order to the electronic power of attorney to be issued.
"Comfort" because the principal and the proxy/representative can perform the whole process of issuing the power of attorney without leaving their homes or their offices. They will not even have to go to the post office or to public offices to deliver the powers of attorney. A special note and a word of appreciation to the Portuguese emigrants (around 5 million) who so often are thousands of miles away from their property, their family and other conflicting interests in courts, registrars and other public offices and who took weeks to manage to have these acts done.
"Cost-free" because the costs related to paper, ink and delivery to the proxy/representative and from this one to the public office would certainly be more than zero euros - unlike with this system. <Top>
Is it safe to issue an electronic power of attorney?
It is 100% sure. As long as the power of attorney issuer enters the data he/she would enter on a paper power of attorney and follows all the procedures provided on our web site, there is 100% assurance - by means of the CC 128 bit electronic certificate - that the document will thereafter be encrypted and unchangeable. In fact, it is even more secure than the paper version in which the proxy/representative would be able complete blank lines or spaces or delete a part of the text, or any person could forge your signature. <Top>
Are the data I enter into your web site secured?
Yes, they are. The Instant Power of Attorney web site has an unbreakable 128bit SSL certificate, which ensures total privacy and protection of the personal data of the person that uses it to issue an electronic power of attorney. Furthermore, the Instant Power of Attorney portal does not keep nor store any data whatsoever. <Top>
How long will it take for the power of attorney to be issued?
As long as you have all the elements related to the issuer and the agent/representative, it will take you about 2-10 minutes. <Top>
How much will it cost?
Absolutely nothing. The Instant Power of Attorney portal makes this service available to any person, free of charge. However, further and more complex services will be launched in the future, on a pay basis, for companies and proxies, using several other forms that will allow a greater value to the users of the service. <Top>
Who verifies the validity of the document?
Any receiver or public office will be able to verify the legal value of the document with just one click on the red sign at the right bottom corner of Word. This action will open the window that provides info on the electronic signature on the document. The document must in particular have the full name of the person that signs, among other elements documented in the attached guides. These guides can clarify any doubts you may have on this subject. Besides, the public offices are fully equipped and have the necessary software to make a completely reliable checking of the CC signatures on Word and PDF documents. And their staff has specialized training on this matters. <Top>
Is it possible for any person to enter my personal data in the web site and issue a power of attorney without my consent?
Yes, it is. However, it will not be legally valid, as it has to have the qualified electronic signature, which you only have on your CC. <Top>
Is the electronic power of attorney sent by email or by regular mail?
No. The electronic power of attorney is generated on the web site and you are requested to download it from there. Then you can sign it with your qualified electronic signature and it will be ready to be sent to the agent/representative, or directly to the relevant office. <Top>
Does the electronic power of attorney have an expiry date?
No. It is valid for an indefinite period, as a paper power of attorney would be. <Top>
What is the difference between a general power of attorney and a special power of attorney?
Basically, the general power of attorney is the most used in judicial proceedings. This is the one you should use, in our opinion, in case you have any doubts or when you have a less close relationship with the agent/representative. The special power of attorney available on our portal grants the representative the powers to confess, give up or make a settlement on your behalf. Also, it grants the agent/representative the powers to "transfer" all or part of the powers you have granted him/her to a third party. You must be particularly careful when granting this type of power of attorney. <Top>
Is it necessary to have a particular type of software?
No. You will only need Microsoft Word and the CC software. <Top>
Will I need the CC in order to issue an electronic power of attorney?
Yes, you will. This service is only for those people that already have the CC. See also the FAQ related to the CC. The CC is available for any Portuguese or Brazilian citizens who ask for it at the pilot-registrars that issue this card, in particular in the Azores and in Bragança, Portalegre and Évora. <Top>
For what purposes does someone need the Instant Power of Attorney?
For now, just for judicial purposes, or extra-judicial purposes which require only a proxy for appearing in court. Further ahead, we will make available other templates for civil and judicial powers of attorney, for a great diversity of purposes. <Top>
What is the maximum number of electronic powers of attorney I will be able to issue?
There is no limit. You can issue as much as you wish and they will all be cost-free. <Top>
Can the agent/representative or the office change the document or add any powers to it?
Yes, they can. But if they do it, the document will automatically lose the electronic signature thus becoming null and void. <Top>
If someone steals my CC, will they be able to issue electronic powers of attorney on my behalf?
No. For a document to have legal value as a document personally signed by you, it needs the CC and a PIN sent to you by regular mail. Similarly to what happens with your debit card PIN, this PIN should never be kept close to your CC. Thus, if you lose you CC, or if someone steals it from you, no one can sign documents on your behalf unless you give them the PIN. Furthermore, even if you lose your CC and the PIN (or if they are stolen from you), you will always be able to safely revoke the CC. <Top>
I wish to grant an electronic power attorney to several representatives. How can I do it?
At this stage, it is not possible to grant powers to several agents/representatives. However, other versions will be launched that will allow it. Please check our web site. <Top>
Can the data I enter in your web site be used for other purposes or granted to third parties?
No. The Instant Power of Attorney does not keep any data you enter in the portal, so they will not be divulged to third parties nor used for other purposes. <Top>
Can I issue a power of attorney to a representative who is not a lawyer or a solicitor and who will charge me for the service?
No. In fact, such an act would be an offence of illegal representativeness and/or unlawful practice of a profession, so you must not do it. <Top>
How did the idea of creating an electronic power of attorney occur?
As stated on the credits, the project mentor is Pedro Miguel Januário Lourenço, a Portuguese proxy, living in London and working with the Portuguese Community in the United Kingdom. This idea came from the great need for a swifter and efficient interaction with the Portuguese Public Administration, since many of the issues related to the Portuguese living in the UK are treated in Portugal. Some examples of these are, for instance, property transfers, divorces, child issues and diverse administrative matters related to the property that the emigrants leave in Portugal. The physical distance between the emigrant and his/her agent (for example, from Northern Ireland to London, and from London to the Portuguese public office) resulted in the creation - along with a delay in justice processes - of unnecessary actions caused by disappearances, delays and post services strikes, difficulty in the authentication of signatures, since the granters are not physically in the presence of the agent, etc. If we add to these the remaining 5 million Portuguese around the world, and those living in Portugal who are traveling abroad when they need to issue a power of attorney in due time, it seems clear that this service can and will be really useful. We should not forget that the Portuguese courts have about 500 000 legal processes pending, which results in the granting of about half a million of proxies for appearing in court every year. With the new codes of procedure in force, especially since the entry into force of the current article 150 from the Code of Civil Procedure (Código de Processo Civil), in many cases, the proxies could already perform many of their actions electronically, having only to send to the court the private documents, the most common of which is the power of attorney. <Top>