A legal authorization is a legal document that allows a person to leave his or her property or legal proceedings in the care of another person or persons, to whom he or she would not normally be entitled to do so.
The person who grants the power of attorney (or legal authorization) is called the Grantor, while the person who receives it is called the Grantee, and by participating in the activation of the power of attorney, both agree to comply with its terms and to respect the role that corresponds to them.
The Cuban Consulate has allowed remote powers to be issued without the need for the person to come to Washington.
Functions of a power of attorney
The power of attorney allows the grantor to authorize another person (adult with full legal capacity) to act on his or her behalf. The usefulness in these cases is to replace the presence of the grantor in situations where he cannot be present or is temporarily unable to act for himself in a legal matter.
The possibility of granting a power of attorney simplifies and speeds up various legal and administrative procedures, avoiding delays that can be a setback in the life of the grantor, making it difficult for him to manage his financial, legal, commercial, medical or personal affairs.
Examples of common uses include
- Signing legal documents, managing property
- In the event of incapacity, make medical decisions on the grantor’s behalf
- Manage bank accounts, sign contracts, make investments, negotiate with suppliers, carry out transactions, and more.
- Manage your identity documents, make purchases, complete administrative formalities, and more.
Types of legal authorizations or powers of attorney
Powers of attorney are divided into different groups according to their duration and scope. There are powers of attorney:
- General: they are granted with an open field of use and usually allow to represent the client in many different types of proceedings.
- Special: They are granted so that the attorney can represent a person in some specific proceedings, after which the power of attorney is no longer valid.
- Lasting: they continue to apply even if the donor loses capacity to decide for himself.
Note 1The power of attorney loses its validity when the principal dies, it is not possible to represent someone in a legal situation. The principal may also revoke the power of attorney if he/she deems it necessary.
How to handle a power of attorney?
The power of attorney must be executed before a notary public, who guarantees its authenticity and legal validity. This provides legal certainty for the parties, as it covers all conditions that may change and how they would affect the power of attorney.
To draw up and validate the power of attorney, the principal must be present with his identity documents and those of the agent, if the latter is unable to appear before the notary.
Requirements
- It must be given freely by the principal, fully aware of its consequences.
- Both parties must be of full legal capacity to participate in the power of attorney.
- It must clearly state the powers delegated to the agent.
Note 2: It is important that you choose your proxy carefully and that you read the document carefully before you sign it.
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