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How to Revoke an Authorization of Power of Attorney in Cuba?

Jun 17 , 2024

Power of attorney is a legal instrument by which one person (the principal) authorizes another person (the attorney-in-fact) to act on his or her behalf for certain transactions. With the power of attorney, the person who receives it can make decisions or act on behalf of the person who grants it, always within the legal framework that the power of attorney allows.

Some of the situations in which a power of attorney may be used are as follows:

  • Dealing with financial matters
  • Medical choices
  • Buy or sell real estate
  • Signing of documents

In order for a power of attorney to be legally valid, it must be drawn up in accordance with the conditions prescribed by law and recorded by a notary public, who will certify the transparency of the process and inform the parties of the complexities involved in granting the power of attorney.

Note 1: The decision to grant a power of attorney should not be taken lightly, as choosing an agent is an act of trust in that person.

There are different types of powers of attorney; some are broad in scope and have an indefinite duration, while others are granted for a specific purpose and expire when the specified action is taken.

The attorney-in-fact may decide to revoke a power of attorney, regardless of the circumstances of his decision, so here is some information about how to revoke a power of attorney (or some of its clauses) and the circumstances under which it is automatically revoked.

How do I revoke a power of attorney?

If the written power of attorney does not have an expiration date, it may remain in effect as long as the parties involved are alive and competent, but the principal may revoke the power of attorney by following the steps below:

  1. Notify the parties involved (representative, involved institutions, etc.) of the decision:

In this step, a letter should be drafted indicating the will to cancel the effects of the power of attorney. The details of the power of attorney and the signature of the attorney-in-fact must be included in such a document.

  1. Submission to the notary public:

In this step, the document must be presented before a notary public, in one of the notary offices of the wide network that exists in Cuba, who will certify the authenticity of the signature on the revocation documents. In this step, you will pay the processing fee and the stamp tax.

Note 2: Remember to bring your passport and original power of attorney or a legal copy.

  1. Communication with the authorized representative:

In this step, the principal is notified that the revocation has taken place and is required to return the documents associated with the revoked power of attorney.

Under what circumstances does a power of attorney cease to be valid?

The power of attorney is given by one person to another person to act on their behalf so that the principal who dies or becomes incapacitated can no longer be represented. Power is automatically turned off under these circumstances.

Note 3: Copies of all documents related to the revocation and the original authorization should be retained..

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