Substitution of a power of attorney
The attorney-in-fact who received a power of attorney passes the powers they were given to another person, so that person can act on behalf of the original grantor. It only applies if the original power allows it; the notary authenticates the attorney-in-fact's signature.
Requesting a quote doesn't commit you to anything
- You tell us about your case. It's free.
- We send you the price in writing, within 1 to 3 hours.
- You decide. If it works for you, we start. If not, you delete it with one click and pay nothing.
No one will pressure you. Your information is used only for your case.
Is it for you?
If any of these sounds like you, this procedure is for you.
- For anyone who's already someone else's attorney-in-fact, typically a lawyer with a power of attorney for litigation, or someone with a power of attorney to manage assets, and needs to pass those powers to another person, in full or in part, as long as the original power allows it
What's included and what isn't
Everything clear from the start. No fine print.
Includes
- Check that the original power of attorney allows substitution.
- Advice on whether to substitute fully or while reserving your power.
- Drafting of the substitution with the right scope.
- Scheduling of the appointment.
- Support during the authentication of the attorney-in-fact's signature before the notary.
Does not include
- It does NOT apply if the original power of attorney prohibits substitution.
- Granting a new power of attorney from scratch, which is a General power of attorney or a Special power of attorney.
- Whatever the substitute does afterward.
- The notary office's official notary fee, paid separately, a fixed amount plus a per-page amount.
Add to your procedure
Check it and we include it in your quote. You decide at the end.
What you need
Check off what you already have. You don't need everything to request your quote.
You have 0 of 5.
- The original power of attorney the substitution comes from, to check that it allows it
- The cédula of the attorney-in-fact making the substitution, who is the signatory
- The full details of the substitute who will receive the powers
- And whether you're substituting fully or reserving your power
- The attorney-in-fact signs in person before the notary
How the process works
You do very little. We take care of the rest. The whole process: on average, 2 to 3 business days.
- Step 1
Give us the power of attorney
You bring us the original power and tell us who you want as your substitute.
You do this - Step 2
We check
We confirm the power allows substitution and define the scope.
We do this - Step 3
You sign
We draft the substitution, schedule the appointment and the attorney-in-fact signs before the notary, who authenticates the signature.
You do this - Result
Done
We hand you the notarially authenticated substitution, ready to use.
You receive it
We draft the substitution, it's reviewed and we schedule the signing before the notary at the Notaría Pública (government notary office). The signatory is the attorney-in-fact making the substitution, in person before the notary, with their cédula (Venezuelan national ID card).
What it costs and how to pay
There are two separate payments, and we want you to see them clearly.
Our fee: we do all the work for you.
The official notary fee. It goes straight to the agency, and we give you the exact amount, with its receipt, before you pay anything.
How you pay: You pay once, when we start. In dollars, in bolívares at the official BCV exchange rate, or with Cashea.
How is your investment calculated?
Your investment has two parts, and we give you each one separately. Our base professional fee, from $50, to draft the substitution and coordinate the authentication
The notary office's official notary fee, a fixed amount for the act plus an amount for each page. Official amounts are paid in bolívares at the official BCV (Central Bank of Venezuela) exchange rate on the day of signing Your lawyer gives you the exact figure before you pay anything, no strings attached.
FAQ
What happens if I can't continue with the assignment and don't pass it on properly?
The matter is left with no one to move it forward, and going back to the person who gave you the power isn't always possible or quick. The substitution passes the representation to another person without repeating the whole process.
How much does it cost?
The professional fee, from $50, covers drafting the substitution and support at the signing. The notary office's fee is paid separately; we give you the full amount up front.
Who signs the substitution, me or the person who gave me the power?
The attorney-in-fact signs it, meaning you, since you're passing on what you received.
Can I substitute any power of attorney?
Only if the original power allows it. If it expressly prohibits it, it can't be done, and we review that with you before drafting anything.
Does the substitute get the same powers as me, and am I out?
They receive the ones you pass on, always within the ones you had. And you're not out unless you want to be: you can substitute while reserving your power and keep acting yourself too.
About this procedure
A substitution of power of attorney handles a very specific situation: you received a power of attorney from someone, you're their attorney-in-fact, but you need another person to act in your place under that same power. The classic case is a lawyer who holds a power of attorney for litigation and substitutes a colleague to cover a hearing or follow the case. With the substitution, the new attorney-in-fact, the substitute, is authorized to act on behalf of the original grantor, within the powers passed on to them. There are two key things to watch. First: the substitution only applies if the original power of attorney allows it; if the grantor prohibited substitution, it can't be done, and doing it anyway would leave the act without legal effect. Second: the person who signs the substitution before the notary is the attorney-in-fact making the substitution, not the original grantor, because they're the one passing on what they were given. You can also substitute while reserving your own power, meaning you add an attorney-in-fact without losing your own authority. As with any power of attorney, the notary authenticates the signature. We check that the original power allows it, draft the substitution with the right scope and coordinate the authentication.
Legal framework and important notes
Ley de Registros y Notarías (Registries and Notaries Law) · Código Civil (Civil Code) · Código de Procedimiento Civil (Code of Civil Procedure)
- Two keys
- First. The substitution is only valid if the original power of attorney allows it; that's why we review it before drafting anything
- Second. The signatory is the attorney-in-fact making the substitution, not the original grantor
- Also decide whether you want to substitute fully, handing over the assignment, or while reserving your power, adding an attorney-in-fact without losing your own authority
- Whoever signs does so in person before the notary with a valid cédula
We guarantee our service, not what the agency decides. If something depends on them, we tell you clearly and in time.
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