Q: What is a Special Power of Attorney (SPA) in the context of Philippine law?
A: A Special Power of Attorney (SPA) is a legal document that grants a specific person (the agent) the authority to perform a particular act or acts on behalf of another person (the principal). Unlike a General Power of Attorney, an SPA is limited to the specific act or transaction mentioned in the document.
Q: When would someone need an SPA?
A: An SPA is often required when a person cannot personally carry out a specific legal act, such as selling property, entering into a contract, or attending a legal proceeding. It allows another person to act on their behalf for that specific purpose.
Q: How is an SPA created?
A: An SPA must be in writing and should specify the particular act or acts that the agent is authorized to perform. It must be signed by the principal and usually needs to be notarized for legal recognition. In the Philippines, an SPA may be required to be consularized if the principal is abroad.
Q: Can an SPA be revoked?
A: Yes, the principal can revoke an SPA at any time, provided that they are mentally competent to do so. The revocation should be in writing, and the agent should be informed of the revocation to avoid potential legal issues.
Q: What responsibilities does an agent have under an SPA?
A: An agent must act within the powers granted by the SPA and in the best interests of the principal. The agent must also keep accurate records and must avoid conflicts of interest.
Q: What happens if the agent abuses their power under an SPA?
A: If the agent abuses their power or acts outside the scope of the authority granted by the SPA, they may be held liable for any damages that result. The principal may also revoke the SPA and seek legal remedies against the agent.
Q: Can an SPA be used after the death or incapacitation of the principal?
A: No, an SPA becomes invalid upon the death or legal incapacitation of the principal. A Durable Power of Attorney may be used if the principal wishes the agent to continue to act on their behalf if they become incapacitated.
Conclusion
A Special Power of Attorney is a vital legal tool in Philippine law, enabling individuals to delegate specific legal acts or transactions to others. Understanding the requirements, limitations, and responsibilities associated with an SPA can help individuals effectively utilize this legal instrument. It's often advisable to consult with a lawyer to ensure that an SPA is properly drafted and executed to meet the specific needs and circumstances of the principal.