Guide

Powers of attorney for heirs abroad

The power of attorney is what lets an heir abroad take part in an Argentine succession without travelling. Getting it right the first time avoids months of delay.

In short

Sign at an Argentine consulate, or before a notary in your country with an apostille. If the notary's document is not in Spanish, it needs a translation by an Argentine certified translator. Your Argentine lawyer should draft the text.

Two ways to sign

At an Argentine consulate

The consul acts as an Argentine notary. The document is in Spanish and needs no apostille or translation. Appointments can take weeks in some cities, so plan ahead.

Before a local notary

A notary public in your country certifies the power. The document then needs an apostille from the competent authority of that country (or consular legalisation if the country is not part of the Hague Apostille Convention) and, if it is not in Spanish, a translation by an Argentine certified translator.

What the power should cover

  • Representation in the succession and in any related court proceedings.
  • Collecting documents and certificates and signing filings.
  • Where planned, the sale of assets, the signing of deeds and the receipt of funds.
  • Specific powers required by Argentine law for acts such as selling real estate or settling claims.

A power that is too general is the most common reason for delay: Argentine law requires express powers for certain acts. Ask your lawyer to draft it for your specific case.

Other documents from abroad

The same apostille and translation rules apply to foreign death, birth and marriage certificates and to foreign wills.

Revoking or replacing the power

You can revoke a power at any time. If you change lawyers or the plan changes (for example, you decide to sell), a new or additional power may be needed.

References: Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents; CCCN provisions on representation and express powers. To be verified before publication.

This guide is general information about Argentine law and is not legal advice for any specific case.

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