What is Special Power of Attorney? A Special Power of Attorney, as one of the two categories of a power of attorney (the other being the General Power of Attorney), is a ‘limited power of attorney’ or a written legal authorization or permission that grants an agent or an attorney-in-fact the authority to act and handle CERTAIN personal, business, and legal affairs on behalf of the principal or the person granting the authority under certain, specified circumstances.
In legal terms, a power of attorney is a legal form that bestows certain legal powers bestowed upon an agent or attorney-in-fact to make informed decisions for the principal who is at a certain point is incapacitated due to some reasons.
It has two broad categories – the General Power of Attorney, that grants the agent authority to make ALL personal, business, and legal decisions on behalf of the principal; and the Special Power of Attorney, that is often used when one cannot handle CERTAIN personal, business, and legal affairs due to other commitments and circumstances.
In this article, I’ll try to dissect a sample Special Power of Attorney and provide vivid descriptions of its fundamental elements or parts. While drafting a Special Power of Attorney requires abundant caution, presence of mind, and knowledge of the powers of attorney and other legal terms, I highly advise that you seek help from experts and experienced in legal transactions. Hence, this article is but a quick public guide for those who require basic knowledge about the purpose and parts of a Special Power of Attorney.
Parts of a Special Power of Attorney
1| Title and Type of Power of Attorney. As implied above, a power of attorney may be general or special. Check if the legal document and the first section displays the title and type:
Special Power of Attorney
2| Principal and Agent (Attorney-in-Fact). A Special Power of Attorney must contain accurate information about the legal identities of the principal and the agent. Other information such as age legality, citizenship, and postal address must be included, just as seen below:
KNOW ALL MEN BY THESE PRESENTS:
I, JUAN D. DELA CRUZ, of legal age, Filipino citizen, and with resident address at 123 Kasiglahan Street, Karangalan Village, Dela Paz, Pasig City, Philippines, have named, constituted, and appointed SEBASTIAN S. MALIKSI, of legal age, Filipino, and residing at 456 Kasimanwa Street, Karangalan Village, Dela Paz, Pasig City, Philippines, to be my true and lawful Attorney-In-Fact for me and in my place and stead, to do and perform all of the following acts and deeds:
3| Specific Powers Granted. One of the most important sections of a Special Power of Attorney is the detailed list of all the specific powers granted to the agent. Stating the powers in a general manner however could inadvertently allow the agent to undertake actions that were not meant to be included in the power of attorney. In some cases, expiration date for the Special Power of Attorney is also included.
- To appear, transact, file, receive, deliver, and sign any documents in any government and private agency in my behalf regarding my business ONLINE PUBLICATION.
- To do any other act or thing that may be necessary or to carry out effectively any and all of the purposes for which this authority is hereby given.
- To act, perform, execute, sign, receive, claim, accept, deliver, and do all other similar acts necessary and incidental to achieve and give full effect to the lawful intentions and purposes of the parties.
4| Execution. Once the Special Power of Attorney is drafted, the parties involved –the principal and the agent, shall execute it by affixing their signatures. Other than these parties, witnesses should also sign the legal document. In addition, the Special Power of Attorney shall be acknowledged and notarized by a legal practitioner.
HEREBY GIVING AND GRANTING, unto said Attorney-In-Fact full power and authority to do and perform all and every acts and deed whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could lawfully do if I personal present and hereby ratifying and confirming all that my said Atty.-In-Fact shall do or cause to be done under and by virtue of these presents.
IN WITNESS WHEREOF, we have hereunto set our hands this April 22, 2018 at Quezon City, Philippines.
SIGNED IN THE PRESENCE OF:
Disclaimer: Although much effort has been exerted in the creation of this article, the author disclaims any legal expertise and does not guarantee the accuracy and legitimacy of any or all of the information. This article is but a quick public guide for those who require at least a background on the purpose and parts of a Special Power of Attorney. Hence, it is advised that you consult with professionals such as legal experts or lawyers before engaging in legal transactions.