What is the difference between a general and a special power of attorney?
A general power of attorney is for administration: collecting, paying, handling procedures or representing someone before government offices. For major acts, such as selling or mortgaging property, the law requires a special power of attorney, which names the act and, in general, the asset.
The general power of attorney
It authorizes the attorney-in-fact (apoderado) to manage the assets or affairs of the person who grants it: collecting rent, paying taxes, handling procedures and, if the bank accepts it, managing accounts. It is practical for people who live abroad or spend long periods outside the country.
The special power of attorney
The Civil Code (Código Civil) requires a special power of attorney for the most significant acts, such as selling, buying, gifting or mortgaging real estate. A special power of attorney states which act may be carried out and, usually, on which asset and under what conditions.
How it is revoked
A power of attorney is usually revoked by public deed. It is advisable to notify the revocation to the attorney-in-fact and to anyone who knew about the power, such as the bank, so that they stop accepting it.
This answer is general information about Paraguayan law and is not a substitute for advice on your specific case.
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