Electronic power of attorney: definition, how to draw up and its advantages

In the digital age, where speed and efficiency are increasingly in demand, electronic power of attorney emerges as an innovative tool, redefining the way in which legal powers are granted.

This article explores the universe of electronic powers of attorney, from their definition to the most appropriate situations for their use. Topics such as the legal validity of electronic powers of attorney, the step by step for their preparation and the advantages offered by this modality will be addressed.

By understanding the way in which electronic powers of attorney can be our allies, we can make decisions that are more aligned with the dynamic demands of the digital world.

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What is an electronic power of attorney?

The power of attorney is a legal tool that allows the granting of powers from one person to another to act on your behalf in specific situations. In electronic power of attorney, instead of the prosecutor signing a physical document, authorization is granted digitally, which speeds up and simplifies the process.

In today's world, where technology plays a fundamental role, electronic power of attorney is a convenient and efficient alternative to the traditional physical power of attorney. In view of the possibility of creating, sending and signing electronic powers of attorney online and remotely, the process of delegating powers became much simpler.

Does an electronic power of attorney have legal validity?

The validity of the electronic power of attorney follows the same reasoning as the validity of any other electronically signed document, that is, they are valid as long as they comply with the necessary legal requirements.

In accordance with current legislation, electronic signatures are recognized as valid, provided that they are made in accordance with Provisional Measure No. 2,200-2/2001 or Law No. 14,063/2020.

These laws establish the guidelines for electronic signatures in Brazil, ensuring the legal security of transactions carried out digitally. Therefore, before drafting an electronic power of attorney, it is important to make sure that it can be used in that specific situation and that the electronic signature being collected complies with the regulations related to the matter.

How to draw up an electronic power of attorney?

Drawing up an electronic power of attorney is a simple and secure process. Here's a basic guide:

Create a digital document

Create an electronic document containing all the necessary details for the power of attorney, such as your name, the name of the attorney, the powers that will be delegated, and the period of validity of the power of attorney.

Sign electronically

Use the electronic signature, which can be performed via the Clicksign Platform by various means and using different authentication points. Check it out on our page How to sign a document on the Clicksign Platform.

Save the document

Keep a secure copy of the electronic document to prove, whenever necessary, the powers that have been granted. Remember that the drafting of the power of attorney must be carried out with caution and attention to detail.

What are the advantages of drawing up an electronic power of attorney?

The use of electronic power of attorney offers a number of advantages over traditional physical power of attorney. These are the main ones:

Agility

The process of drafting and signing electronic powers of attorney is much faster than the same process for a physical power of attorney, which saves time and resources.

Cost reduction

The need for printing, transporting, and storing physical documents is eliminated, resulting in savings in financial and environmental resources.

expediency

The electronic power of attorney allows the grantor to sign the document from anywhere and at any time, as long as they have access to Internet.

security

Electronic signature platforms, such as the Clicksign Platform, use advanced security technologies to protect documents and signatures, making the process more secure than a signature on a physical power of attorney.

Traceability

It's simple to track and verify the authenticity of an electronic power of attorney, which provides greater transparency and security.

When is this type of power of attorney used?

The electronic power of attorney is a great facilitator in several situations that require agility, security and the convenience provided by technology. The following examples stand out:

International transactions

In international negotiations, where the parties are geographically distant, electronic power of attorney allows for the delegation of powers quickly and efficiently, avoiding the need to transfer a physical power of attorney for signature.

Emergency procedures

Emergency situations or procedures that require immediate action may require rapidly signed powers of attorney. The use of electronic power of attorney streamlines the process, allowing remote signature in a timely manner.

Impossibility of presence

The grantor may be unable to be present at a specific location to sign physical documents. In these cases, electronic power of attorney is the ideal option, as it can be signed from anywhere.

Digital business environments

In a business context where transactions and decisions are carried out digitally, even with many companies operating remotely, electronic power of attorney is essential to delegate powers without relying on bureaucratic processes.

Legal representation in electronic processes

In electronic, judicial, or administrative proceedings, the electronic power of attorney avoids the need for physical presence to collect the signature and then scan the document to join the process.

What types of power of attorney exist?

The existing power of attorney classifications are:

General power of attorney

It grants extensive powers to the prosecutor, allowing for representation in various legal matters on behalf of the grantor.

Specific power of attorney

It limits the powers of the attorney to specific actions or purposes, restricting action to certain situations or transactions.

Durable power of attorney

It maintains its validity even if the grantor is unable to make decisions, often used for financial or medical matters.

Fixed-term power of attorney

It has a specific validity and is automatically revoked after the end of its term.

Public power of attorney

It is notarized and confers authenticity and public faith on the document. It is generally required for acts that require greater formality and legal certainty.

Private power of attorney

Document prepared and signed by the parties involved, without the need for the intervention of the registry office. It is more flexible and can be used in all situations, except those that require the signature of a public power of attorney.

Streamline processes with power of attorney and electronic signature

Given the above scenario, it is clear that electronic power of attorney is a powerful ally in facilitating transactions and streamlining legal processes, promoting a positive transformation in the practice of granting powers.

To start creating electronic power of attorney and signing them today, Test for free Clicksign's electronic signature solutions!