Special Power of Attorney Philippines | What Are The Requirements

Special Power of Attorney Philippines, What Are The Requirements; You can choose a representative to process your documents if you are too busy, abroad, or too far away from the offices to do it yourself. In a Special Power of Attorney, the Principal names an Agent to carry out certain tasks or conduct transactions on their behalf.

A special power of attorney (SPA) is a legal document that enables someone to act on another person’s behalf in a particular circumstance or for a particular goal. The individual receiving the authority is known as the attorney-in-fact, and the person granting it is known as the principle.

A variety of uses for an SPA include conducting a business, handling financial operations, and selling real estate. The SPA must be in writing and outline the authority being granted as well as its intended use. The person you select to provide the power of attorney to will have significant decision-making ability on your behalf, so you should give this decision careful thought.

How to Create a Special Power of Attorney

You must: in order to establish an SPA in the Philippines:

  • You should decide why you are giving the power of attorney.
  • Select an attorney-in-fact who is dependable and qualified to do the tasks you are assigning.
  • Create a document that has the following details:

-The principal’s and attorney-in-names fact’s and contact details.
-An explanation of the precise powers being conferred and the reason for doing so.
-How long the power of attorney will last (if it is not for a specific duration, it will be considered irrevocable).

  • In the presence of two witnesses, have the principal and the attorney-in-fact sign the contract.
  • Have a notary public notarize the document.

It’s crucial to understand that an SPA differs from a general power of attorney, which gives the attorney-in-fact greater and more general authority. It differs from a durable power of attorney in that the latter is still in effect even if the principal is rendered unable.

When a special power of attorney is needed

A special power of attorney may be required in the Philippines in a variety of circumstances. Several typical examples include:

  1. Real estate sales and transfers: Through an SPA, you can give someone else the power to sign the relevant documents on your behalf if you need to sell or transfer ownership of a property but are unable to be present in person.
  2. Managing a business: If you are a business owner and you need to give someone else the authority to perform particular responsibilities, including signing contracts or negotiating deals, you can do this by using an SPA.
  3. Financial transactions: You can give someone else the authority to handle your financial transactions through an SPA if you are ill, injured, or away from home.
  4. Making medical decisions: You can use an SPA to give someone else the power to make medical decisions on your behalf if you are unable to do so for yourself.
  5. Using an SPA, you can authorize another person to sign a document on someone else’s behalf if the original signer is unable to do so because of illness, an accident, or travel.

The person you select to provide the power of attorney to will have significant decision-making ability on your behalf, so you should give this decision careful thought. In order to secure the legitimacy of the SPA, you should also make sure that it is correctly designed and performed.

Authenticated and Consularized Special Power of Attorney

A special power of attorney (SPA) is a legal document that enables one person (the “agent”) to act on behalf of another (the “principal”) in a particular situation or for a particular reason. An SPA in the Philippines must be consularized by the Philippine embassy or consulate in the nation where it will be used and authenticated by The Department of Foreign Affairs (DFA).

You must deliver the original SPA and a photocopy to the DFA’s Legal Assistance Division in order to have the document authenticated. The original SPA will have an authentication certificate attached by the DFA after it has been confirmed to be genuine.

To consularize an SPA, you will need to submit the authenticated original document and a photocopy to the Philippine embassy or consulate in the country where it will be used. The embassy or consulate will verify the authenticity of the SPA and attach a consular certificate to the original document.

It’s important to note that the process for authenticating and consularizing an SPA may vary depending on the country where the SPA will be used. It’s also worth noting that an SPA is generally only valid within the Philippines, so if you want to use it abroad, it will need to be authenticated and consularized.

Frequently Asked Questions

What are the requirements to get special power of attorney?

  • The principal’s name and residence address.
  • The agent’s information, including name, address, and ID.
  • an argument for getting the SPA.
  • Date and the location where the form will be signed.
  • The signature of the principal.
  • Name, ID number, and ID expiration date of the principal.

How long is the validity of special power of attorney in the Philippines?

In Philippines, a special power of attorney validity expires once:

  1. The deal is finished.
  2. the agreement terminates due to the death of either the principal or the Attorney-in-Fact;
  3. if the agreement is revoked in writing by one or both parties.

Can I make my own special power of attorney?

Yes, you can create your own SPA or have one created for you at the local law office. Additionally, you must have it notarized. Please be aware that your agent or attorney-in-fact is only permitted to act in accordance with the SPA and is not permitted to do anything else.

How many witnesses are needed for special power of attorney?

To be valid, a special power of attorney requires two witnesses in Philippines.
This document, which consists of two (2) pages and includes this page where this acknowledgment is written, has been signed on each and every page by the parties and two acting witnesses and relates to a special power of attorney.

How Do I get special power of attorney in Philippine Embassy?

  • The following conditions must be met in order to get a special power of attorney through the Philippine Embassy:
  • Copies of the unsigned paper in two (2) sets;
  • Two (2) genuine government-issued identification documents (IDs) with the applicant’s full name, picture, and signature;
  • Two (2) photocopies of each ID are required.

How much is attorney consultation fee Philippines?

Typically, the consultation comes before a more official and in-depth engagement between you and the attorney. A minimum of PHP 1,000 outside of Metro Manila and PHP 2,500 inside of Metro Manila is required for an hourly consultation. Depending on the lawyer, the price simply rises.

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