Introduction
If you reside outside of Panama but own property, have business interests, or need to manage legal affairs within the country, you may not always be able to be physically present to sign documents. In these cases, granting a Power of Attorney (POA) is the standard legal solution. This document authorizes a representative in Panama to act on your behalf. However, for a POA granted abroad to be valid in Panama, it must follow a specific authentication process.
Step-by-Step Guide
1. Draft the Power of Attorney
It is highly recommended to have a lawyer in Panama draft the document. Panamanian law has specific requirements regarding the wording and powers granted. Your lawyer will send you the draft via email for review.
- Special Power of Attorney: For a specific transaction (e.g., selling a specific house).
- General Power of Attorney: For broad management of assets and legal matters.
2. Sign Before a Local Notary Public
Once you have read the document, you must print it and sign it in the presence of a Notary Public in your country of residence. The notary must witness your signature.
3. Authenticate the Document (Apostille or Legalization)
This is the most critical step. The signature of the foreign notary must be validated for use in Panama.
- Hague Convention Countries: If your country is a member of the Hague Apostille Convention (e.g., USA, UK, Spain, most of Europe), you must obtain an Apostille from the competent authority in your state or country.
- Countries that are not parties to the Hague Convention: If your country is not a member, the document must be authenticated by your country’s Ministry of Foreign Affairs (or by the relevant entity) and then legalized by the Panamanian Consulate in your jurisdiction.
4. Certified Translation (If applicable)
If the Power of Attorney is issued in a language other than Spanish, it must be translated by a Certified Translator authorized in Panama. Your Panama lawyer can usually coordinate this once they receive the original document.
5. Registration in Panama
Finally, the original document (with Apostille/Legalization and translation) must be sent to your lawyer in Panama. They will submit it to the relevant entity in order to represent you and/or act on your behalf.
Important Considerations
- Validity: If the power of attorney was authenticated at a Panamanian Consulate abroad, it must be submitted to the Authentication and Legalization Office of the Ministry of Foreign Affairs of Panama in order to validate the consul’s signature. This requirement must be fulfilled before presenting the power of attorney to the entity before which representation will be exercised.
- Revocation: The principal has the right to revoke a power of attorney freely or at will.
Attorney Edgardo Espinosa
The Century Tower, Ricardo J. Alfaro Avenue,
4th Floor, Suite 401, Township of Bethania,
Panama City, Republic of Panama
📞 Tel.: +507 6772-4739
✉️ Email: info@lawyerinpanama.com