Notarizing a Durable Power of Attorney for an Agent Abroad in the Philippines

Is it possible to notarize a durable power of attorney in the Philippines for an agent who is in America?

In the Philippines, the creation and notarization of a durable power of attorney (DPA) involve specific legal requirements and procedures. When the agent designated in the DPA is abroad, such as in America, additional steps must be taken to ensure the document's validity and enforceability.

Legal Framework for Durable Power of Attorney

A durable power of attorney is a legal document that grants an individual (the agent) the authority to act on behalf of another person (the principal) in legal or financial matters. Under Philippine law, the principal must be of sound mind and capable of making informed decisions at the time of executing the DPA.

Notarization Requirements

For a DPA to be valid and enforceable in the Philippines, it must be notarized. Notarization serves as a form of authentication and ensures the document's legality. The notary public confirms the identity of the signatories, witnesses their signatures, and ensures that the document is executed voluntarily.

Agent's Location and Execution

When the agent is located abroad, such as in America, the following steps must be taken to notarize the DPA in the Philippines:

1. Principal's Execution and Notarization in the Philippines:

   • The principal must personally appear before a notary public in the Philippines to sign the DPA.
   • The notary public will verify the principal's identity, witness the signing, and affix their notarial seal on the document.

2. Agent's Acceptance Abroad:

   • The agent in America must sign the DPA to accept their designation.
   • This acceptance can be executed before a notary public in the United States. The notarized acceptance must then be authenticated by the Philippine Consulate or Embassy in the U.S.

3. Authentication by the Philippine Consulate or Embassy:

   • The notarized acceptance by the agent must be presented to the nearest Philippine Consulate or Embassy for authentication.
   • The consulate or embassy will verify the notary public's commission in the U.S. and affix an authentication certificate.

4. Submission and Registration:

   • Once the agent's acceptance is authenticated, the document should be returned to the Philippines.
   • The complete DPA, including the authenticated acceptance, must be submitted to the relevant government offices or financial institutions in the Philippines to be recognized and registered, if necessary.

Practical Considerations

• Communication and Coordination: Proper communication between the principal and the agent is crucial to ensure that all steps are followed correctly.
• Legal Assistance: Engaging a lawyer in the Philippines can help navigate the complexities of notarizing a DPA with an agent abroad.
• Document Handling: Careful handling and timely submission of documents are essential to prevent any delays in the process.

Conclusion

While it is feasible to notarize a durable power of attorney in the Philippines with an agent located in America, the process involves multiple steps to ensure the document's validity. The principal must execute the DPA before a notary public in the Philippines, and the agent's acceptance must be notarized and authenticated abroad. Proper coordination and legal guidance can facilitate the smooth execution of these requirements.