Power of Attorney for a Family Case in Chile From Abroad

What Chilean law requires

Lawyer and representative. Parties must be assisted by a qualified lawyer and represented by a person qualified to act in court, unless the judge orders otherwise (Law 19.968, arts. 18 and 60; Law 18.120, arts. 1 and 2).
Your lawyer drafts the text of the power of attorney with the powers your case requires; you only sign.

Route 1: a notary where you live, with apostille

Your lawyer drafts the text

We recommend that the power of attorney be recorded in a public notarial instrument: apostilling an authenticated signature does not make the document a public instrument (CPC, art. 345 bis).

Sign before a notary

It is granted before the notary or equivalent authority in your country of residence.

Apostille

Your country must be a party to the Hague Apostille Convention, in force for Chile since August 30, 2016 (HCCH status table). Apostilled documents do not also need legalization by Chile's Foreign Ministry (ChileAtiende, entry 2380; CPC, art. 345 bis; SII Circular 7/2018).

Send it to your lawyer

Documents apostilled in a party country also do not need to be notarized again in Chile to count as public instruments (Courts Organization Code, art. 420).

infoWhat the apostille certifies

The apostille certifies the authenticity of the signature and the capacity in which the signer acted, not the content of the document or that it meets Chilean requirements (ChileAtiende, entry 2380). Also, article 345 bis of the CPC states that apostilling an authenticated signature does not make the document a public instrument; that is why we recommend a public notarial instrument drafted with your lawyer. We have found no official ruling on how family courts treat these documents, so we cannot guarantee acceptance without that care.

Route 2: a Chilean consul

Chilean consuls act as public officials for notarial acts that will take effect in Chile (Decree 172 of 1977, art. 94). Consulates (San Francisco, Los Angeles, Madrid, among others) generally ask for an appointment (each consulate states its own procedure; some, such as Amsterdam, use the Foreign Ministry's scheduling system), personal appearance with a valid ID or passport, and a draft in Word format, ideally prepared by your lawyer. Appointment lead times are set by each consulate (Los Angeles states a minimum of 10 working days).

No apostille. Documents issued by consular agents fall outside the Apostille Convention (CPC, art. 345 bis, para. 3).
Legalization in Chile. The document must be legalized in its original, with a handwritten signature, at the Ministry of Foreign Affairs in Santiago; the procedure is free (ChileAtiende, entry 2380). A PDF is not enough: the original must travel to Chile.
Fee. Under Law 18.340, art. 6, a special power of attorney costs US$25 (general, US$50) plus US$5 per page; each consulate states its own amount, currency and payment methods.

A Foreign Ministry article on consular functions adds that the legalized document must be notarized again at a notary; the official ChileAtiende entry requires only legalization at the Ministry. Your lawyer will confirm the final step before filing the power of attorney.

Translation

The Foreign Ministry translates legalized or apostilled documents, but not for court proceedings other than those of article 437 of the Criminal Procedure Code (ChileAtiende, entry 2356). The simplest route is to grant the power of attorney in Spanish.

Hearings and mediation from abroad

The judge may authorize a party to attend an in-person hearing remotely by videoconference; it must be requested from the court in advance (Law 19.968, arts. 60 and 60 bis). A party's own testimony, and witness and expert testimony, can only be given on court premises. The mandatory prior mediation for child support, day-to-day care and visitation can be held by videoconference if both parties agree (art. 109 bis; ChileAtiende, entry 2344). Details in our guides to visitation and child support.

What we do not recommend today

We have no confirmed legal basis to grant this power of attorney, for a family case, by video call, electronic signature or remote notary, and the consulates we checked require in-person appearance. We also could not verify whether a consulate or foreign court can be used for a party's own testimony. Until there is confirmation, we work with the two routes above.

What to prepare before your first consultation

a valid passport or ID and contact details (email, phone, time zone);
your country of residence and whether it is party to the Apostille Convention, or the nearest Chilean consulate;
case documents: prior decisions, birth or marriage certificates, agreements;
who could receive the original in Chile if you sign before a consul (a trusted person or a courier).

Frequently asked questions

Can I run a family case in Chile without traveling?

Largely yes. You need a patronizing lawyer and a valid power of attorney; the mandatory prior mediation can be held by videoconference if both parties agree, and the judge may authorize remote attendance at hearings. A party's own testimony, however, can only be given on court premises.

Does a power of attorney signed before a notary in my country of residence work?

Yes, and we recommend that it be recorded in a public notarial instrument and apostilled, provided your country is a party to the Hague Apostille Convention (in force for Chile since August 30, 2016). The apostille certifies the signature, not the content, so your lawyer should draft the text before you sign.

If I sign before a Chilean consul, do I need an apostille?

No: consular documents are not apostilled. The original, with a handwritten signature, must reach Chile to be legalized at the Ministry of Foreign Affairs, a free procedure.

How much does a power of attorney at a consulate cost?

The consular fee schedule in Law 18.340 is US$25 for a special power of attorney (US$50 for a general one), plus US$5 per page; each consulate states its own amount, currency and payment methods.

Can I sign the power of attorney by video call or with an electronic signature?

We currently have no confirmed legal basis to grant this power of attorney for a family case by video call or electronic signature, and the consulates we checked require in-person appearance. That is why we work with the two routes in this guide.

Official sources consulted

Laws and entries cited

Verified on October 7, 2026. General information; it does not replace advice on a specific case. Chilean sources are in Spanish; translations are courtesy translations.

Law 19.968, arts. 18, 60, 60 bis and 109 bis; Law 18.120, arts. 1 and 2; Code of Civil Procedure, art. 345 bis; Courts Organization Code, art. 420. Library of the National Congress.
Decree 172/1977, Consular Regulations, art. 94; Law 18.340, art. 6 (consular fees).
Status of the 1961 Hague Apostille Convention (HCCH); SII Circular 7/2018.
ChileAtiende, entry 2380: legalizing documents; entry 2356: translation; entry 2344: mediation.
Chilean consulates: San Francisco, Los Angeles, Madrid.

Spanish terms you will see

Poder / mandato judicial

Power of attorney to represent you in court.

Abogado patrocinante

Lawyer who sponsors (files and signs) your court submissions.

Escritura pública

Public deed granted before a notary.

Apostilla

Apostille under the 1961 Hague Convention.

Legalización

Legalization of a document at the Ministry of Foreign Affairs.

Facultades especiales

Special powers (settle, approve agreements, collect, etc.).

How to Give a Lawyer in Chile Power of Attorney for a Family Case When You Live Abroad

listIn this guide