In the Philippines, individuals often require a Special Power of Attorney (SPA) to authorize someone to act on their behalf in legal or financial matters. A common question is whether an individual can personally draft an SPA and subsequently have it signed by an attorney. This article will clarify the legal aspects surrounding this process.

Can You Personally Draft an SPA?

Yes, you can personally draft a Special Power of Attorney. The law does not require a specific person, such as an attorney, to prepare an SPA. What is crucial is that the document contains all the necessary elements required by law. These elements typically include:

Identification of the Principal and the Agent: The full names, addresses, and other identifying details of the person granting the authority (the principal) and the person receiving the authority (the agent or attorney-in-fact).
Powers Granted: A clear and specific description of the acts or decisions that the agent is authorized to perform on behalf of the principal.
Date of Effectivity and Duration: The date when the SPA takes effect and any time limits, if applicable.
Signatures: The SPA must be signed by the principal, and depending on the nature of the powers being granted, the signature may need to be notarized to be legally binding.

Role of the Attorney

While it is not mandatory for an attorney to draft the SPA, having an attorney review or draft the document can be beneficial. An attorney can ensure that the SPA complies with all legal requirements and that the language used is precise and unambiguous. This helps prevent future disputes or misunderstandings regarding the powers being granted.

If the SPA is intended for transactions involving real estate or other significant legal matters, it is advisable to have the document notarized. Notarization typically involves an attorney who will verify the identity of the parties involved, ensure the voluntary execution of the document, and affix their notarial seal. This process makes the SPA a public document, which is generally required for certain legal transactions.

Notarization of the SPA

Notarization is a critical step in validating an SPA, especially if the document will be used for transactions such as selling property, managing bank accounts, or representing the principal in government agencies. In the Philippines, only a notary public, who must be a licensed attorney, can notarize documents.

The notarization process involves the following steps:

Personal Appearance: The principal must appear before the notary public to acknowledge that they are voluntarily executing the SPA.
Presentation of Identification: The principal must present valid identification to prove their identity.
Signature and Seal: The notary public will witness the signing of the SPA, affix their signature, and apply their notarial seal to the document.

Conclusion

In summary, while you can personally draft an SPA, it is wise to have an attorney review the document to ensure its legality and effectiveness. Notarization, which must be performed by a licensed attorney, is essential for the SPA to be valid for certain transactions. By following these steps, you can ensure that your SPA will be legally enforceable and serve its intended purpose.