POWERS OF ATTORNEY
One of the legal figures provided by the laws is the 'mandate,' commonly known as 'power of attorney.' This power is very important if, for some reason, you cannot carry out certain procedures yourself. For example, if you don't have time or if you live within the country but too far from the place to be able to carry out these procedures, you can go to a notary and grant the power of attorney in favor of a relative, friend, acquaintance, or lawyer (depending on each case).
Good news for everyone, we can also carry out this type of legal act abroad. This is achieved through Article 3 of the Notary Law, which allows notarial functions to be exercised in foreign countries at any time and day. However, the acts granted can only have effects in El Salvador, and these can include mandates, contract celebrations, declarations, and marriages. However, only the Heads of Permanent Diplomatic Missions and Career Consuls can perform marriage procedures, and they can only marry Salvadorans.
What types of procedures can I carry out through an attorney-in-fact who is not a lawyer?
These procedures include:
- Management of movable and immovable property.
- Purchases and sales of movable and immovable property.
- Leasing of real estate and motor vehicles.
- Inheritance acceptance proceedings.
- Marriages by proxy.
- Among many others.
What types of procedures specifically require granting power of attorney to a lawyer?
These powers must be executed with a special judicial clause, in which the procedures and entities before which the lawyer can represent you must be specified.
The officials authorized to carry out mandates in El Salvador are exclusively notaries who have been authorized by the Supreme Court of Justice. Abroad, acts such as power of attorney can be granted by Heads of Diplomatic Missions, General Consuls, Consuls, and Vice-Consuls.