What is Special Power of Attorney?
Special Power of Attorney (SPA) is a legal document or an agreement between two individuals that allows one individual to act on the other’s behalf. It can either be an agent or attorney to act on behalf of another person who will be referred to as the principal. All the circumstances that will be agreed on will be indicated in the SPA.
Types of Power of Attorney:
1. Special Power of Attorney
SPA is giving the agent/attorney authority for a limited set of actions from certain restricted circumstances. It can be withdrawing money from an account, buying or selling a home, or running a business
2. General Power of Attorney
This type is more broad compared to SPA. It grants the agent the legal right to make all financial and legal decisions on behalf of the principal if ever the principal is unavailable.
Who Can Get Special it?
Anyone who needs legal assistance when it comes in:
-other legal assistance
What are the Important Details that Needs to be Included When Writing SPA:
- Principal’s name, nationality, civil status and address
- Attorney/Agent’s name, nationality, civil status and address
- The task that needs to be done
- Date and place where the Principal will sign the SPA
- Principal’s name and signature
- Attorney/Agent’s name and signature
- Two witnesses name and signature
- Acknowledgment from the Notary Public
Steps on How to Get it:
- Prepare the document. If you are writing from scratch make sure to indicate all the details that were listed above.
- Print copy of duly-accomplished Special Power of Attorney, at least three (3) copies
- Have the Special it notarized.
- Bring it to the Notary Public
- Pay the notarial fees amounting to Php 100 – Php 500
How to Get it if You’re On Abroad:
-Photocopy of the first and last of Philippine Passport
-Government Issued ID
-Two witnesses with Valid ID
1. Visit your embassy’s website
2. Proceed to the consular services section
3. Download the Special Power of Attorney Form
4. Fill it out
5. Go to the nearest Philippine Embassy together with your witnesses
6. Present the accomplished SPA form
7. Sign the documents if they asked you to
8. Wait for them to verify the documents
9. Once verified, proceed to the payment section and pay the fee ranging from Php 1,500 to Php 3,000 plus the fee for courier services
10. Processing usually takes three (3) business days
11. Once the document is ready it will be released and you can send it to your family in the Philippines, so they can use it for its intended purpose
-A power of attorney becomes ineffective if its principal dies or becomes incapacitated.
-It can be revoked, you just have to write a new document which is the ‘Revocation of Special Power of Attorney’ and have it notarized.