Powers of attorney in Costa Rica: generalísimo, general and special

What is a power of attorney?

A power of attorney is the legal instrument by which one person (the grantor) authorizes another (the attorney-in-fact) to act on their behalf within the limits the instrument itself establishes. In Costa Rica, the broadest powers must be granted in a public deed before a Public Notary to have full effect before the National Registry and third parties.

The difference between types is not merely formal: it defines exactly what the attorney-in-fact can and cannot do. Granting a broader power than necessary exposes the grantor to unnecessary risk; one that is too narrow may be insufficient for the intended purpose.

The generalísimo power without limit of amount

The generalísimo power without limit of amount is the broadest instrument recognized by the Costa Rican Civil Code. It allows the attorney-in-fact to perform virtually any legal act on behalf of the grantor: buy, sell, mortgage, donate, litigate, incur obligations, and more, with no economic restriction.

It must always be granted in a public deed and registered with the National Registry to be effective against third parties. Its breadth makes it ideal when the grantor permanently resides abroad or is unable to attend to their affairs for an extended period.

The general power

The general power authorizes ordinary management acts, but not acts of disposition: the attorney-in-fact cannot sell, mortgage, or donate the grantor's assets. It must also be granted in a public deed.

• Managing real estate: collecting rent, paying utilities, renewing contracts
• Representing the grantor before public and private institutions
• Handling routine banking transactions (management, not disposition)
• Acting as representative in legal proceedings
• Collecting debts and issuing receipts of payment

The special power

The special power is limited to one or more specific, clearly identified acts. It grants no authority beyond what is strictly necessary for the authorized act, making it the most common choice for one-off transactions.

• Special power to sell a specific property
• Special power to withdraw funds from a specific account
• Special power to represent in a specific lawsuit
• Special power for immigration, consular, or CCSS procedures
• Special power to sign a purchase deed on behalf of buyer or seller

How to revoke a power of attorney

Revocation is made through a notarial deed of revocation. If the original power was registered with the National Registry, the revocation must also be registered to take effect against third parties. Until that point, those who contracted with the attorney-in-fact in good faith, unaware of the revocation, are protected by law.

For that reason, once the decision to revoke is made, it is important to act without delay: grant the deed, file it with the Registry, and notify the attorney-in-fact directly.

Powers granted abroad: apostille and authentication

If the grantor is abroad, they may grant a power before a Public Notary in their country of residence. The document must be apostilled under the Hague Convention (if that country is a party) or legalized through the Costa Rican consulate. Once in Costa Rica, it is either protocolized before a local notary or accepted directly, depending on the receiving institution's requirements.

The reverse process applies when a power is granted in Costa Rica for use abroad: it is granted before a Costa Rican notary, apostilled through the Ministry of Foreign Affairs, and presented in the destination country per its requirements.