Enduring Power of Attorney: Guardianship in Portugal

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Very professional and helpful
Christopher Hobbs
Christopher Hobbs
06 Feb 2024

Service Details

Enduring Power of Attorney: Guardianship

This service is available across Portugal

Who Can Benefit from this Service?

  • Creating an Enduring Power of Attorney (EPA) for elderly relatives with dementia in Portugal involves several legal procedures to ensure the well-being and rights of the individual, who may no longer be capable of making decisions autonomously. 
  • The EPA is governed by Portuguese law, particularly the "Lei n.º 25/2012, de 16 de Julho," which regulates the directives for anticipated wills, including the vital testament and the appointment of a healthcare proxy. 
  • This legislation provides a framework for individuals to appoint a healthcare proxy who can make decisions about their healthcare when they are no longer able to do so
Who Can Benefit from this Service?

Prerequisites

The primary requirements for establishing an Enduring Power of Attorney (EPA) in Portugal include:

  • Legal capacity of the individual setting up the EPA, who must be of sound mind.
  • The chosen healthcare proxy or attorney must not be legally incapacitated and should meet the criteria set out in Portuguese law (Lei n.º 25/2012, de 16 de Julho).
  • Completion of the necessary legal documentation, including the Directive of Anticipated Will/Vital Testament.
Prerequisites

Procedure: Our Approach

  1. Initial Consultation: We start with a thorough consultation to understand your unique situation and the needs of your elderly relative.
  2. Drafting the EPA: Based on the consultation, we draft the EPA, ensuring it aligns with the legal requirements and your relative’s healthcare preferences.
  3. Legal Formalization: We assist in the formalization of the document, including registration with the National Registry of Vital Testament (RENTEV).
  4. Ongoing Support: Our service includes monitoring the validity of the EPA and providing support for any necessary updates or renewals.
Procedure: Our Approach

Benefits - Why Choose Our Service

  • Expertise in Portuguese Law: Our in-depth understanding of Portuguese legal requirements ensures that your EPA is compliant and enforceable.
  • Personalized Service: We offer tailor-made solutions that respect the wishes of your elderly relative and your family's needs.
  • Simplified Process: Our team simplifies the complex legal process, providing peace of mind and clarity.
  • Ongoing Legal Support: We provide continuous legal support, including notifications about EPA renewals.
Benefits - Why Choose Our Service

Key Elements of this Service

  • Drafting of EPA Document: Creation of a legally binding EPA that outlines healthcare preferences and appoints a trusted proxy.
  • Registration with RENTEV: Ensuring that the EPA is formally recognized and registered.
  • Legal Advice and Consultation: Providing expert legal guidance throughout the process.
  • Renewal and Update Services: Assistance with periodic renewals and updates to the EPA.
Key Elements of this Service

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?