Power of attorney

julieq

Does anyone have the basic wording to give power to a person in another country to sell a deceased family members house (husband's family) ? I have to hand over authority. I have this declaration in portuguese but when I try to translate it, I believe the wording to be very different as to what we, in Ireland would use. I will not gain anything from this and I cannot afford to pay a translator or go through a solicitor therefore I wonder if anyone knows the correct proposed wording or where I may find it ? I have been googling all day ! Thank you.

Mr. Incognito

Pay for a Solicitor.

It'll cost you three times more to fix it if you dont

julieq

Thanks. I am paying for a public notary to sign it therefore I should like to present a correct declaration to him. I cannot afford to pay a solicitor also. Therefore this is not an option.

Mr. Incognito

What solicitor is going to act in the sale? They could prepare the power of attorney and get paid out of the sale proceeds

julieq

Mr. Incognito wrote: »

What solicitor is going to act in the sale? They could prepare the power of attorney and get paid out of the sale proceeds

This is a property that belonged to a now deceased aunt of my husband. Her brother is next of kin and is trying to take over the sale of this property, remove personal items, sign off gas, electricity etc. I am extended family but Brazilian law requires that all sign over any interest we have to him so that he can have full power to complete a sale and divide the assets to the remaining siblings. I just need to give him my consent! There must be a web site somewhere that can give wording guidelines on this? I am not looking for advice on what solicitor should get what but thank you for your insight. Just a standard handing over of power to someone. Brazilian law requires a lot of formality hence I just want a simple Irish version which I believe will suffice?

Peregrinus

No, if I understand the position an Irish version will not suffice. The property being sold is in Brazil, right? So Brazilian law is going to apply to the sale, and the power of attorney is needed for the deceased's brother to complete the sale has to be one which satisfies the relevant Brazilian requirements. The Irish precedents will not have been drawn up with Brazilian legal requirements in mind.

Why are you concerned about using the Brazilian document supplied? You say in your OP that you are not getting anything out of this, so there is no question of anybody trying to cheat you of something that may be coming to you; nothing is coming to you.

Arbiter of Good Taste

It's a Brazilan POA - it needs to comply with Brazilian law, not Irish. So you may find a "simple Irish version" will not be worth the paper it's written on.

Brazilian POA's also generally need to be Apostilled.

Seriously, engage someone who knows what they are doing.

FreudianSlippers

Arbiter of Good Taste wrote: »

It's a Brazilan POA - it needs to comply with Brazilian law, not Irish. So you may find a "simple Irish version" will not be worth the paper it's written on.

Brazilian POA's also generally need to be Apostilled.

Seriously, engage someone who knows what they are doing.

It would only really need to be apostilled if it was witnessed in Ireland though (unless I'm missing something). In any event, it would need to be in Portuguese and comply with Brazilian law as stated above.

Arbiter of Good Taste

FreudianSlippers wrote: »

It would only really need to be apostilled if it was witnessed in Ireland though (unless I'm missing something).

That's what I assumed is the case from the OP

Paulownia

Ask the lawyer in Brazil to send the document to you and you can take it to the Brazilian embassy here and sign it and they will witness it having checked your identity and send it back to the lawyer at no cost to you. the people in the embassy will be well used to the procedures and will tell you if the document is as it should be.

Arbiter of Good Taste

On further reflection OP, if you are not getting any benefit from this and others are, then why are you worrying about costs, etc?

If it was me, I would be telling the beneficiaries to arrange the solicitor, pay the costs, etc. It's incumbent on them to ensure this is done correctly, not you. Or have I missed something?

Valentine1

OP your situation sounds complicated, and deserves better and more specific knowledge than goggling or asking about on message boards. You need to speak to a Solicitor, a brief consultation will probably suffice and will not be expensive. What is more, as mentioned above, whoever is gaining a benefit form this should be prepared to pay your costs.