Glossary entry

Spanish term or phrase:

poder de constitución

English translation:

General Power of Attorney

Feb 7, 2022 02:35
2 yrs ago
28 viewers *
Spanish term

poder de constitución

Spanish to English Law/Patents Law (general)
This appears in the notification of a power of attorney made by the Office of Inspection of Notaries in Puerto Rico. The power of attorney is granted by a woman to her sister to handle her financial affairs and assets. It has nothing to do with a government constitution or with incorporating a company. In the section on Information on the Notarized Instrument, it says: Tipo de Poder: Constitución

Discussion

philgoddard Feb 8, 2022:
Could it mean constituting a trust?

Proposed translations

11 hrs
Selected

(General or Durable) Power of Attorney

Context and reason for the poder ?

Tipo de Poder: Constitución > Type of Power: General Appointment. If there is the onset of the sister donor's disability in Puerto Rico, then might be called a Durable P of A : in E&W called a Lasting previously Enduring P of A. Otherwise a Court of Protection Deputyship, previously called a Personal Receivership, is set up.

'In essence, a Durable Power under Puerto Rico law is an agency agreement granted through a public deed. ... The Durable Power is valid in Puerto Rico if executed by a public deed before a notary attorney in Puerto Rico. When granting a Durable Power, it must be expressly stated in the deed that the power is durable'.



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Note added at 11 hrs (2022-02-07 14:11:49 GMT)
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PS I deliberately avoided, like the plague, the term of Power of Appointment that, in Anglo-Am. law, (cut to Puerto Rico) sends the meaning off in a different direction:

USA: What is a general power of appointment? A general power of appointment allows the holder of that power the ability to appoint those assets for the benefit of anyone, include the decedent, his / her estate, and/or his / her creditors. .

https://lewislawoftrusts.lawbooks.cali.org/chapter/power-of-...
Peer comment(s):

neutral philgoddard : You've given two different answers. They would presumably be "general" and "duradero".
17 hrs
Yes, but I didn't know whether 'duradero'. It could be a limited one. Otherwise, on your comment to AT & per my note added, a 'Power of Appointment' is misleading, as can be in the nature of a Trust to appoint *assets* to certain 'objects' = beneficiaries
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4 KudoZ points awarded for this answer. Comment: "I used "general," since that was how it was described elsewhere. "
5 hrs

constituted attorney

There's a power of attorney, lawyer or judicial holder who acts on behalf of another person. In a case someone was acting as constituted attorney holder for another person. It's in connection with right of representation and legal authority.
In a case example one woman has some authority to act on behalf of her sister's legal matters during her absence.
Example sentence:

ES: Es la autoridad del abogado titular que representa por la parte de otra persona. En un caso alguien sirve como un abogado constituído por otra persona. Se trata del derecho de representación y la autoridad judicial.

Hay un caso en que una mujer tiene otorgada la autoridad notarial o judicial sobre los negocios de su hermana mientras está ausente.

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10 hrs
Spanish term (edited): Tipo de Poder: Constitución

Type of power of attorney: Appointment

i.e. appointment of the sister as atotney

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Note added at 10 hrs (2022-02-07 13:12:24 GMT)
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Sorry: SP - attorney
Peer comment(s):

neutral philgoddard : But surely all powers of attorney are appointments.
17 hrs
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Reference comments

52 mins
Reference:

could this be constituted power of attorney?

I found this and it sounds about right but it is just a shot! Good luck! I hope someone does provide the right answer for you!


https://www.lawyersclubindia.com/experts/what-is-the-meaning...
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