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CONSULAR INFORMATION
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Date: 19-10-2017

Simbolos Patrios

Powers of Attorney

Definition

A Power of Attorney is a document granted by an individual (grantor) who is overseas given to another individual (representative) who is present in Ecuador authorizing the representative to legally act on behalf of the grantor.

    A General Power of Attorney is granted to authorize the representative to represent the grantor in any type of legal issues.

    A Special Power of Attorney is granted to give the representative authorization to represent the grantor in one or several specific issues.

Requirements

    • The Power of Attorney can be issued by one or several different individuals (grantor) in favor of one or several other individuals (representative).

    • The grantor or grantors of the Power of Attorney must be over the minimum legal age (18 years old) and have the use of all their faculties.

    • Individuals who are not capable of reading or writing, or who are blind can grant a Power of Attorney but require the presence of two witnesses.

    • In order for an individual to be a witness he/she is required to comply with the following:

    - Be over 18 years old;
    - Have the use of all their faculties;
    - Be able to communicate himself; and
    - Be able to speak Spanish.

    • Foreigners can grant a Power of Attorney to other individual who reside in Ecuador, even if those individuals are also foreigners.

    • The Power of Attorney should be drafted by Lawyer or by a Public Notary. If the document is drafted by a Public Notary, the document will need to be legalized in the Consular Section.

    • In order to prevent identity theft and protect the interest of the Ecuadorian citizens and the country, the consular officer can require that the Power of Attorney is drafted by the Consulate and not in a Public Notary in order to verify the identity of the grantor if it relates to an authorization for the sale of real property.

     

    • When the issue to be attended will require the assistance of a lawyer, we recommend that the grantor issues the Power of Attorney directly to the lawyer. Please note that if this is not the case, and a lawyer need to later intervene, the representative will need to issue a second Power of Attorney in favor of the lawyer.

    • When a grantor is going to issue a Special Power of Attorney that relates to very specific issues, his lawyer should provide the grantor with the specific text called "Minute" that needs to be included in the body of the Power of Attorney. able to be sent to the Consular Section before your appointment. The "Minute should be emailed to: consulate@embassyecuador.ca

    • Please be advised that the grantor can revoke a Power of Attorney at any time.

    • Power of Attorney will no longer be valid if any of the following applies:

      - The Power of Attorney has been revoke;
      - If the representative resigns;
      - Death of the grantor;
      - Death of the representative;
      - Once the Power of Attorney achieves the results for which it was granted;
      - Once the stipulate length of time has passed.

CONSULAR FEE: US $30

We only accept cash in US Dollars or a money order issued in the name of the Consular Section of the Embassy of Ecuador in Ottawa.

Power of Attorney's granted to attend issues related to the Ecuadorian Institute of Educational Credit and Scholarships are free of charge.

The grantor may obtain a certified copy of the original Power of Attorney for additional US $10.

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