Frequently asked question

Can I grant a power of attorney from abroad?

Short answer

Yes. You sign it before a notary or at the Paraguayan consulate where you are. If you sign before a notary, it must be apostilled to be valid in Paraguay. If it is not in Spanish, it is translated by a public translator. For some uses, such as selling property, it is then recorded (protocolizado) at a Paraguayan notary's office.

Two ways to sign it

  • Before a notary in the country where you are. The power of attorney is then apostilled in that country if it is a party to the Hague Convention; if it is not, it is legalized through the consular route.
  • At the Paraguayan consulate, which in that case acts as a notary's office. No apostille is needed, but it usually has to be legalized afterwards at the Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores) in Asunción.

The translation

If the power of attorney is not in Spanish, it has to be translated in Paraguay by a registered public translator (traductor público matriculado). The translation is made from the document once it has been apostilled.

Recording (protocolización)

To use the power of attorney for major acts, such as selling or mortgaging property, it is recorded (protocolizado) at a Paraguayan notary's office: the notary incorporates it into her protocol (protocolo) and issues copies with the force of a deed.

What the power of attorney has to say

It is best to have the text prepared or reviewed by the notary who will use it in Paraguay. A power of attorney that is too general or has incomplete details may not be enough for the act you need, and redoing it from abroad takes time.

This answer is general information about Paraguayan law and is not a substitute for advice on your specific case.

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