How to Get Special Power of Attorney in the Philippines
Navigating the legal system can be daunting, especially when it comes to important matters such as granting someone special power of attorney. In the Philippines, obtaining a special power of attorney is a crucial step for ensuring that your affairs are managed effectively in your absence or incapacity. This article will guide you through the process of how to get special power of attorney in the Philippines, highlighting the necessary steps and requirements.
Understanding Special Power of Attorney
Before delving into the process, it is essential to understand what a special power of attorney is. A special power of attorney is a legal document that grants a person, known as the attorney-in-fact, the authority to act on behalf of another person, known as the principal, in specific legal or financial matters. This document is typically used when the principal is unable to attend to their own affairs due to illness, travel, or other reasons.
Requirements for Obtaining Special Power of Attorney
To obtain a special power of attorney in the Philippines, the following requirements must be met:
1. Principal’s Identification: The principal must present valid identification, such as a passport, driver’s license, or government-issued ID.
2. Attorney-in-Fact’s Identification: The attorney-in-fact must also provide valid identification, as they will be acting on behalf of the principal.
3. Notarization: The special power of attorney document must be notarized by a public notary. This ensures that the document is legally binding and authentic.
4. Witness: Some notary publics may require the presence of a witness during the notarization process. The witness must also provide valid identification.
5. Proper Legal Language: The document must be written in clear, unambiguous language, and it should outline the specific powers and responsibilities granted to the attorney-in-fact.
Steps to Obtain Special Power of Attorney
Now that you understand the requirements, here are the steps to obtain a special power of attorney in the Philippines:
1. Draft the Document: Begin by drafting the special power of attorney document. You can use a template or consult with a legal professional to ensure that the document covers all necessary aspects.
2. Notarization: Visit a public notary to have the document notarized. Present your identification and the attorney-in-fact’s identification, as well as any other required documents.
3. Witness (if needed): If the notary requires a witness, bring someone who can act as a witness and provide their identification.
4. Payment of Fees: Pay the notary fees, which may vary depending on the notary and the complexity of the document.
5. Finalize the Document: Once the document is notarized, it becomes legally binding. Make sure to keep a copy for your records and provide a copy to the attorney-in-fact.
Conclusion
Obtaining a special power of attorney in the Philippines is a straightforward process when you follow the necessary steps and meet the required criteria. By granting someone special power of attorney, you can ensure that your legal and financial affairs are managed effectively in your absence or incapacity. Always consult with a legal professional if you have any doubts or questions about the process.
