Can I Personally Write a Special Power of Attorney (SPA) and Have It Signed by an Attorney?

Yes, you can personally write a Special Power of Attorney (SPA) in the Philippines. However, there are specific legal requirements that must be met to ensure its validity.

What is a Special Power of Attorney?

A Special Power of Attorney (SPA) is a legal document where one person, called the "principal," grants another person, called the "agent" or "attorney-in-fact," the authority to act on their behalf for a specific transaction or decision. This type of document is common in situations where someone cannot attend to certain matters in person, such as signing contracts, selling property, or managing financial transactions.

Can You Write Your Own SPA?

Yes, the principal can draft their own SPA. However, it is crucial that the document includes all necessary elements for it to be valid. These elements generally include:

1. Identification of the Parties: The full names, addresses, and relevant identification details of both the principal and the agent.
2. Specific Powers Granted: The document should clearly state the specific authority being granted, whether it's to sign documents, manage a transaction, or act in other specific ways. The powers granted should be limited and detailed.
3. Date and Duration: The date when the SPA is signed and, if applicable, any expiration or specific time frame within which the agent can act.
4. Principal’s Signature: The principal must sign the document to confirm their agreement to the terms.

Do You Need an Attorney to Sign the SPA?

While you, as the principal, can write the SPA yourself, it is strongly recommended that the document be notarized to ensure its legal effect. This is where an attorney or a notary public comes in. The attorney does not need to write the SPA for you, but they will ensure that it meets all legal requirements, is clear, and is duly notarized.

A notarized SPA provides assurance that:

• The principal signed the document voluntarily.
• The identities of the parties involved have been verified.
• The document can be used as evidence in legal matters if required.

When is Notarization Required?

Notarization is necessary for an SPA when it involves transactions such as:

• Real estate or property transactions.
• Banking matters, including opening or closing accounts.
• Representation before government agencies.
• Other legal or financial agreements.

Without notarization, the SPA may not be recognized by third parties, such as banks, real estate offices, or government agencies.

Conclusion

In summary, while you can personally draft an SPA, it is important to ensure that the document meets all legal standards, and it is highly recommended to have it notarized by an attorney to ensure its legal validity. This guarantees that the document is recognized in legal transactions, especially in important matters like property sales or financial management.