The power of attorney to buy or sell in Cuba without being on the island

When you live outside Cuba and need to buy, sell or manage a home on the island, you almost always end up needing the same thing: someone to act on your behalf. That someone is your attorney-in-fact, and the document that authorizes them is the notarized power of attorney.

With a well-drafted power, your attorney can sign the deed, collect or pay and handle the registration without you having to travel. With a poorly drafted one, the notary in Cuba rejects it and you start over from the other side of the world. This guide explains how to avoid the latter.

What your attorney can do

A power can be special — limited to a specific act, such as selling a particular home — or general, broader in scope. For a sale, the usual and most prudent choice is a special power that clearly lists the faculties: sell or buy the property, set and collect the price, sign the public deed before a notary and handle the registration at the Property Registry.

The rule is: the more precise, the better. A power that does not expressly include a needed faculty leaves the attorney halfway there — able, for example, to negotiate but not to sign — and the document will have to be extended. Listing too much costs little; falling short forces you to repeat the procedure.

How it is granted from abroad

There are two paths. The first and simpler is to grant the power before a Cuban consulate in your country: consular officials perform notarial functions, and the documents they authorize to take effect in Cuba do not require additional legalization.

The second is to grant it before a local notary in the country where you live. In that case the document must go through a chain of validation before it works in Cuba: legalization by the authorities of the issuing country, Cuban consular legalization and, if it is in another language, official translation. Cuba is not part of the Hague Apostille Convention, so the route is consular legalization, not apostille.

Whichever path you take, this is a procedure with a cost and timelines that vary by country and consulate. Confirm the current requirements and fees directly with the consulate or notary before starting; this guide describes the type of procedure, not figures that change frequently.

Whom to appoint

The attorney must be someone you trust absolutely and, for housing transactions, a permanent resident in Cuba: the rules do not allow granting powers of this kind in favor of a Cuban emigrant or another person without permanent residency on the island. It is usually a close relative or a lifelong friend.

Trust is not just honesty: it is also judgment and availability. Your attorney will make decisions and stand in lines, do paperwork and make visits in your place. Choose someone who can and will devote time to it, not just the person you love most.

How to protect yourself

Keep the power narrow: a special power for a specific transaction greatly limits the possible harm compared with a broad general power. Define clearly what the attorney can and cannot do.

Remember that you can revoke a power at any time as long as it has not been executed. Cuban notarial powers do not expire on their own: they remain valid until they are revoked or until the purpose for which they were granted has been fulfilled. If the transaction falls through or you change attorney, expressly revoke the previous power and communicate it.

And agree on accountability: have your attorney report every step and send you copies of whatever they sign. Distance is offset with documentation, not with blind trust.

Common mistakes

The most frequent is the poorly drafted power that the notary in Cuba rejects: ambiguous faculties, incomplete property details or wording that does not fit what Cuban notarial practice requires. That is why it helps for whoever drafts it to know Cuba's requirements, not just those of the country where it is signed.

Next come the lack of legalization — a power from a foreign notary that reaches Cuba without the complete chain of validation is useless — and insufficient faculties, which force you to grant a second power extending the first. Each of these mistakes means weeks lost and another consular procedure. Carefully reviewing the draft before signing is the best investment of time in the whole process.