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A power of attorney is the granting of permission and legal authority by the first party, or grantor in a document, to the second party (known as the attorney in fact), allowing the second party to perform an act on behalf of, or instead of, the first party. Powers can be general, granting full authority to the attorney in fact to handle any and every matter for grantor, or limited to a specific transaction or activity. (Click for detail)
Powers contain the following elements, most often in this order:
1. Reception of the party by the notary.
2. Identification of the two parties: the grantor(s) of the power and the recipient(s).
3. Date and place of the contract.
4. Phrase(s) that explain the terms of the grant of power:
a. reason for granting the power, often describing the physical status or limitations of the grantor;
b. purpose of the power, including a description of the underlying lawsuit or other matter involved;
c. limitations on the power, based on subject matter and/or time;
d. details as to specific actions to be carried out by the grantee of the power.
5. Language that legally formalizes the grant of the power.
6. Identification of the witnesses
Powers can be general, granting full authority to the attorney in fact to handle any and every matter for grantor, or limited to a specific transaction or activity. The most common limited powers found in Spanish notarial records are grants to represent a party in a lawsuit; to dictate a will on behalf of the party; or to collect a debt owed to the party. General Powers are most often given when the grantor is going to be absent for a long period of time, such as when travelling to the American colonies from Spain; going into military service; or when the granting party does not expect to be able to function effectively in the future.
For more examples of Power of attorney records click here.