A large share of administrative procedures in Portugal can be carried out by an attorney-in-fact (procurador): the NIF, change of address, NISS application, criminal record certificate, company formation or representation before AIMA. For anyone who is in another country, or who simply cannot afford to lose days queuing at counters, a power of attorney to a lawyer is the instrument that makes this possible.
What a power of attorney is
It is the document by which one person (the principal) grants another (the agent or attorney-in-fact) powers to perform certain acts on their behalf. When the agent is a lawyer, the power of attorney is called a procuração forense (litigation power of attorney) or, for acts outside the courts, a power of attorney with special powers.
The agent acts in the principal’s name, but within the limits of the powers granted. A power of attorney to apply for a NIF cannot be used to sell a house, and vice versa.
What powers it should include
The power of attorney should state clearly the acts to be performed. In the procedures we handle most often:
| Procedure | Typical powers |
|---|---|
| NIF | Apply for the NIF, make declarations, receive the certificate, appoint or accept a tax representative |
| Tax office password | Request the Portal das Finanças access password and receive correspondence |
| Change of address | Notify the change of tax domicile and terminate the tax representation |
| NISS | Apply for the NISS and the Segurança Social Direta password |
| Criminal record | Request and collect the criminal record certificate, stating its purpose |
| Company formation | Execute the articles of association, apply for registrations, declare start of activity, RCBE |
| AIMA | Represent the principal before AIMA, file applications, consult the case file, bring legal actions |
A power of attorney that is too generic may be refused by a service; one that is too narrow means a new power of attorney is needed halfway through. The lawyer adapts the wording to what is going to be done.
How to sign it remotely
The principal does not need to be in Portugal. The usual process is:
- The lawyer prepares the power of attorney and sends it by email.
- The principal prints and signs it, using the same signature as in their passport, and scans the document together with the passport.
- The lawyer certifies the signature through the platform of the Ordem dos Advogados (the Portuguese Bar Association), an act that has the same legal value as notarial certification.
For certain higher-value acts, such as buying and selling property, certification in person, an apostille or a power of attorney executed at a consulate may be required. For ordinary administrative procedures, certification by the lawyer is sufficient.
The statement of responsibility
In some procedures, notably the NIF application, the tax office requires the lawyer to also sign a statement (termo) declaring that they know the client and accepting responsibility for the authenticity of the documents. That is why lawyers ask for a complete and legible passport, and refuse to proceed with cropped documents or documents not signed by the holder.
How long a power of attorney is valid
The power of attorney is valid for the period stated in it or, if no period is stated, until it is revoked or until the acts have been performed. Some services require recent powers of attorney, issued less than a year ago. The principal can revoke the power of attorney at any time by notifying the agent.
What the lawyer cannot do
- Perform acts outside the powers granted.
- Use the power of attorney for purposes other than those agreed.
- Keep the client’s documents longer than necessary or share them with third parties outside the procedure.
The lawyer is bound by professional secrecy and by the ethical rules of the Ordem dos Advogados (the Portuguese Bar Association), which gives the principal a guarantee that other intermediaries do not offer.
How we can help
We prepare the appropriate power of attorney for each procedure, certify the signature remotely and handle the matter from start to finish. See our document certification and translations service or contact us.
This article is for general information and is not legal advice on your specific case.