How to Make Special Power of Attorney in the Philippines
In the Philippines, a special power of attorney (SPA) is a legal document that grants someone the authority to act on behalf of another person in specific legal transactions. This document is particularly useful when the principal is unable to attend to their legal matters due to illness, travel, or other constraints. If you are looking to create a special power of attorney in the Philippines, here is a step-by-step guide to help you through the process.
1. Understand the Purpose of the SPA
Before drafting the SPA, it is essential to understand its purpose. The SPA should clearly state the specific legal transactions the attorney-in-fact is authorized to undertake on behalf of the principal. This may include selling property, managing investments, or handling legal disputes.
2. Choose the Right Attorney-in-Fact
Select a trustworthy person to act as your attorney-in-fact. This person should be someone you trust to handle your legal matters responsibly and diligently. It is advisable to choose someone who is knowledgeable about the subject matter or has experience in the relevant field.
3. Draft the SPA
The SPA should be in writing and contain the following elements:
– The names and addresses of the principal and the attorney-in-fact.
– The specific powers granted to the attorney-in-fact, including the legal transactions they are authorized to undertake.
– The duration of the SPA, which should be for a specific period or until the completion of the designated tasks.
– Any limitations or conditions that may apply to the attorney-in-fact’s authority.
– A statement from the principal acknowledging the grant of authority and the attorney-in-fact accepting the appointment.
4. Notarize the SPA
To ensure the SPA is legally binding, it must be notarized. The principal and the attorney-in-fact must appear before a notary public to sign the document. The notary will witness the signatures and affix their seal, making the SPA official.
5. File the SPA with the Relevant Government Agency
If the SPA pertains to a specific transaction, such as selling property, it may need to be filed with the relevant government agency. For example, if the SPA involves the sale of real estate, it must be submitted to the Registry of Deeds in the province where the property is located.
6. Keep a Copy of the SPA
It is crucial to keep a copy of the SPA for your records. This document will serve as proof of the attorney-in-fact’s authority to act on your behalf in the specified legal transactions.
In conclusion, creating a special power of attorney in the Philippines involves understanding the purpose of the document, choosing the right attorney-in-fact, drafting the SPA, notarizing it, and filing it with the relevant government agency if necessary. By following these steps, you can ensure that your legal matters are handled effectively and efficiently when you are unable to attend to them personally.
