Power of Attorney to Buy Property in Costa Rica

Most people who buy in Nosara do not live here yet. They find a house in Playa Pelada on a February trip, fly home to Calgary or Denver, and then the closing date lands in the middle of a work week. The usual fix is a power of attorney to buy property in Costa Rica: you sign a document that lets someone you trust (often your lawyer, sometimes a partner already on the ground) sign the transfer deed in your name. It works well and it is completely normal here. It also gives another person legal authority over your money and your title, so the type of power you sign, the way it is executed abroad, and when you cancel it all matter a great deal.

💡 Key insight: A Costa Rican power of attorney is not a form you print and get stamped at your bank. For a property purchase it has to exist as a Costa Rican public deed (escritura pública), and the place you sign it determines whether the National Registry will accept it.

This guide walks through the three kinds of power used in Costa Rica, which one fits a Nosara purchase, how to sign one from the United States, Canada or Europe, and the mistakes that cause a closing to stall at the Registry. It pairs with our guide to buying Nosara property remotely and the full buyer's guide.

Why Nosara Buyers Use a Power of Attorney

A Costa Rican property transfer is signed in front of a Costa Rican notary, who then files the deed with the Registro Nacional. If you cannot be in the notary's office on the day, someone has to sign for you. The common situations:

You cannot travel for closing. Flights into Liberia or the small Nosara airstrip do not always line up with the seller's timeline.
Closing slips. A missing water letter, a survey correction or a seller's paperwork delay can push the date back after you have already flown home.
Only one spouse can travel. If both of you are buying, both need to sign, or one needs a power from the other.
You are buying through a corporation. The company's legal representative signs, and if that person is abroad, a power from the company may be needed.
After-closing errands. Transferring utilities, registering with the Municipality of Nicoya, or handling a water letter can require someone with authority to act for you.

💡 Key insight: Decide early whether you will attend closing. Arranging a power of attorney from abroad takes appointments and paperwork, and leaving it until the week of closing is how deals get delayed.

The Three Types of Power of Attorney in Costa Rica

Costa Rica's Civil Code sets out the kinds of power (poder) a person can grant. Each one carries a fixed set of authorities written into the law itself, so the label you choose matters more than the wording you add.

Poder Generalísimo (Full Power of Attorney)

Under Article 1253 of the Civil Code, a generalísimo lets the agent "sell, mortgage and in any other way dispose of or encumber all types of property," accept or refuse inheritances, act in court, and sign any contract the principal could sign. In plain terms, the agent can do almost anything you could do, including selling the house you just bought.

Article 1254 allows a generalísimo limited to one or more specific matters, which gives the same full authority but only over the named business or asset.

Both forms must be signed as a public deed and registered with the Registro Nacional. According to Article 1251 of the Civil Code, as quoted in a Registro Nacional training presentation on powers of attorney, general and full powers "do not produce effects against third parties except from the date of their registration." Registration adds time and government stamp costs.

Poder General (General Power of Attorney)

Article 1255 describes a general power as one of "broad and general administration": maintaining and operating property, collecting debts, and renting out movable goods for up to a year. It does not let the agent buy or sell real estate, and the same article says a generalísimo or special power is required to lease real estate. For a purchase, a poder general is the wrong tool. It can be useful later for someone who manages your home while you are away.

Poder Especial (Special Power of Attorney)

Article 1256 covers the special power, granted for a specific legal act. As the Costa Rican firm GlobaLex explains in its article on registry filings, a special power "only authorizes the acts specified" and does not extend to related acts. The second paragraph of Article 1256 says a special power for an act with registry effects must be granted by public deed and does not need to be registered at the Registry.

That is why the special power is the standard instrument for a closing. It names the property (by its folio real number and plano catastrado), names the act (buy it, sign the deed, pay the price into escrow), and stops there.

Type	Civil Code article	Can buy or sell real estate?	Must be registered?	Typical Nosara use
Poder Generalísimo	1253	Yes, all of your assets	Yes	Long-term trusted partner or spouse; rarely the right choice for a foreign buyer
Generalísimo for specific matters	1254	Yes, only the named matter	Yes	Ongoing management of one property, including a future sale
Poder General	1255	No	Yes	Property manager handling maintenance and collections
Poder Especial	1256	Yes, only the named act	No	Signing the purchase deed at closing

💡 Key insight: For a closing, ask your lawyer for a poder especial that names the exact property and the exact act. A generalísimo is far more power than a purchase requires, and it stays in force until you revoke it.

What a Good Special Power Should Say

LandCo, a Costa Rican real estate law firm, notes in its guide to special powers that the authority "must be explicitly described" and that anything the agent does outside it can be declared void. Precision protects you, but too narrow a power can also stall a closing if something small changes. A well-drafted closing power usually covers:

The property: folio real (registry number), plano catastrado (survey number), and the province, canton and district (Guanacaste, Nicoya, Nosara).
The act: purchase from the named seller, signing the transfer deed, and accepting the title.
The money: authority to instruct the escrow agent to release funds to the seller, and to approve the closing statement.
Related paperwork: paying transfer taxes and registry fees, filing the deed, and signing any corrections the Registry requests.
The price and terms: some buyers state the agreed price so the agent cannot sign at a different number.
An expiry date: LandCo notes that a special power may include a set expiration or be open-ended, in which case it lasts until revoked or until the act is completed.

Both people must be identified with full name, nationality, passport number, marital status and address (the "calidades"). LandCo calls these details "legally required and essential for registration purposes." A typo in a passport number is a real reason for a Registry objection.

If you are buying through a corporation, the power comes from the company, signed by its legal representative, and the notary will want proof that person has authority. Our guide to using an S.A. or S.R.L. to buy in Nosara covers how that structure works.

💡 Key insight: Ask your lawyer to send you the draft power before you book any appointment. Check the property numbers, your passport details and the scope line by line. Fixing a draft costs nothing; fixing a signed deed means signing again.

How to Sign a Costa Rican Power of Attorney From Abroad

This is where most foreign buyers get confused. A power signed at your local bank or UPS store will usually not work for a Costa Rican property transfer. According to GlobaLex, a special power signed outside Costa Rica has to take one of these forms to be used for a registry act:

Before a Costa Rican consular officer, who acts as a notary (Article 14 of the Costa Rican Notarial Code).
Before a Costa Rican notary who is abroad (Article 32 of the Notarial Code). In practice this means your Costa Rican lawyer travels to you, or you meet them when they are in your country.
Before a foreign notary, but only in a country that has ratified the Inter-American Convention on the Legal Regime of Powers of Attorney to be Used Abroad, and the power must still be a public deed. GlobaLex states that protocolizations or notarial certificates made before a foreign notary are not accepted in place of a public deed.

Why Option 3 Does Not Work for Most Americans and Canadians

The Inter-American Convention was adopted in Panama in 1975. The Organization of American States' signatory table lists Costa Rica as having ratified it, along with countries such as Mexico, Panama, Brazil and Argentina. The United States and Canada are not on that list. The Registro Nacional's own training material makes the same distinction: powers from Convention countries can be registered with authenticated signatures, while powers from "Notariado Sajón" (common-law notary systems, like those in the US and Canada) "must be granted before a Costa Rican notary or before our country's consul."

The reason is practical. A US notary public verifies your signature. A Costa Rican notary is a lawyer who drafts the deed, records it in a bound protocol book, and certifies its legal content. The two roles are not equivalent, so the Registry will not treat a US notarization as a Costa Rican public deed.

💡 Key insight: If you live in the United States or Canada, plan on signing at a Costa Rican consulate or with a Costa Rican notary. Do not rely on a local notary stamp plus an apostille for a property closing.

Where the Apostille Fits

The apostille still matters, just for different documents. According to the Hague Conference on Private International Law's status table, Costa Rica's accession to the Apostille Convention took effect on 14 December 2011, the United States has been a party since 15 October 1981, and Canada joined with effect from 11 January 2024. The Registro Nacional presentation confirms Costa Rica accepts apostilles issued after 14 December 2011, and notes that the apostille applies to foreign documents, not to documents issued by Costa Rican consulates.

So the consular power itself does not get an apostille. The supporting documents you bring to the consulate might. The Costa Rican Embassy in the United Kingdom, for example, asks for proof of residence and a civil status document, both apostilled and translated into Spanish when they are not Costa Rican documents.

Signing at a Costa Rican Consulate, Step by Step

The process at the Costa Rican Embassy in London is a useful model, since consulates follow the same Notarial Code. Its published procedure:

Get the draft deed from your Costa Rican lawyer-notary.
Gather the documents: passport for each person signing, proof of residence (apostilled if not Costa Rican), civil status document translated into Spanish (apostilled if not Costa Rican), and a recent registry certification if a company is involved.
Request an appointment by submitting all requirements. The embassy states that appointments are not scheduled until the full set of documents is received.
Bring an interpreter if needed. The deed is in Spanish, and the embassy allows a credentialed interpreter at the signing.
Attend with originals and photocopies.

On cost, the London embassy states that each power or legal act costs US$133, deposited into the consulate's account, and that one deed can include more than one legal act, so the consular notary sets the final amount. Fees vary by consulate, so ask yours for the current figure. For a full generalísimo, the same embassy says you must also send proof of payment of the government stamps (timbres) so the consular notary can file it for registration through the Registry's digital window.

Your Costa Rican lawyer will charge separately for drafting the power. That fee depends on the firm, so ask for it in writing alongside their closing quote. Our guide to closing costs in Nosara covers the other line items at signing.

💡 Key insight: Consulate appointments, translations and apostilled supporting documents all take time. Start the power of attorney when you sign the purchase agreement, not when the closing date is confirmed.

Who Should You Name as Your Agent?

The agent will sign a deed that moves your money and records your ownership, so choose carefully.

Agent	Advantages	Watch for
Your own Costa Rican lawyer	Knows the file, is already at the notary's office, professionally accountable	Must be your lawyer, not the seller's or the developer's
A spouse or co-buyer	Personal trust, shared interest	Needs to be in Costa Rica on closing day; consider whether both of you should sign instead
A friend or local contact in Nosara	Convenient, on the ground	No professional duty to you; hard to unwind if something goes wrong
Your real estate agent	Knows the deal	Usually paid on closing, so their interest is in the deal happening; most buyers avoid this

Never name anyone who represents the seller. The person signing for you should be someone whose only job that day is protecting your side. Our guide to hiring a real estate lawyer in Nosara explains how to confirm your lawyer is independent.

Mistakes That Stall a Closing

The GlobaLex article lists the errors that most often cause Registry objections. Translated into buyer terms:

Using the wrong form. A notarial certificate or protocolization is not a public deed. For a registry act, the special power must be an escritura pública.
Incomplete reference to the power. The closing deed has to cite the power's deed number, date and time, folio, protocol and the notary who executed it.
A foreign power in an invalid form. A US or Canadian notarization does not qualify, as explained above.
Authority problems in a company. If a corporation is buying, the person granting the power must actually have authority under the company's bylaws or a shareholder resolution.
No confirmation the power is still valid. The closing notary has to attest that the power has not been revoked or changed.

Add two of our own from the buyer side:

Scope too narrow. If the power says the price is a certain amount and the parties agree a small adjustment for a repair, the agent may not be able to sign. Talk through likely changes with your lawyer before you sign.
Names that do not match. Your name on the power, the purchase agreement, the escrow account and your passport should match exactly, including middle names.

💡 Key insight: Most Registry rejections of powers come from form and detail, not from the law itself. A clean draft, checked against your passport, avoids nearly all of them.

After Closing: Revoke or Let It Expire

A special power for a single purchase generally ends once the act is completed. LandCo lists the ways a special power ends: completion of the act, death or legal incapacity of the principal, dissolution of a company principal, or express revocation. Lexincorp, another Costa Rican firm, notes that a power can be revoked at any time.

If you granted a generalísimo, it does not end by itself. CostaRicaLaw.com notes that to revoke one, the grantor must appear before a notary again and record the revocation. Until you do, the agent can still sell or mortgage what the power covers. If you no longer need it, revoke it.

Two habits worth adopting once you own:

Keep copies. Ask your lawyer for the testimonio (certified copy) of the power and of any revocation.
Watch your title. The Registro Nacional offers an Alerta Registral service that notifies owners when a filing is presented against their registered property. It is a sensible step for any absentee owner, and it is covered alongside other fraud patterns in our guide to real estate scams in Nosara.

💡 Key insight: The safest power of attorney is narrow, dated, and revoked when it is no longer needed. Treat a generalísimo like a spare house key you have handed to someone: only give one if you would hand them the deed.

A Simple Timeline for Remote Buyers

When	What to do
Offer accepted	Tell your lawyer you will not attend closing; ask for a draft special power
Within the first week	Review the draft; order any apostilled supporting documents
As soon as documents are ready	Book the Costa Rican consulate appointment, or arrange to sign with a Costa Rican notary
After signing	Consulate or notary sends the power to your lawyer in Costa Rica
Closing day	Your agent signs the transfer deed; escrow releases funds on your instruction
After registration	Confirm the title is in your name; revoke any broader power; set up Alerta Registral

If you are still choosing where to buy, browse current Nosara listings or compare neighbourhoods like Playa Guiones, Playa Pelada and Garza. For the full process from offer to keys, see the Nosara buyer's guide and our Nosara property buying timeline.

This article is general information, not legal advice. Powers of attorney are drafted and executed by Costa Rican lawyer-notaries; have yours prepared by an independent Costa Rican attorney who represents only you.

Power of Attorney to Buy Property in Costa Rica: A Nosara Buyer's Guide