Special Power of Attorney

Hi guys, I wanted to give my girlfriend a special power of attorney.

Is this document something an attorney would have to sign or
could we just take any SPA template off the web?

Are everyone supposed to honor an SPA?
What If I grant my gf the power to close my
bank account would the teller be obligated
to honor the request even though we are
not related(yet)

Hope someone could answer my question.

Thanks

mxherr5 wrote:Hi guys, I wanted to give my girlfriend a special power of attorney.

Is this document something an attorney would have to sign or
could we just take any SPA template off the web?

Are everyone supposed to honor an SPA?
What If I grant my gf the power to close my
bank account would the teller be obligated
to honor the request even though we are
not related(yet)

Hope someone could answer my question.

Thanks

the Special Power of Attorney should be signed before a notary public. The bank will honor the SPA. Just tell your gf to bring the SPA and your bank passbook. It is usually a bank officer ( not the teller) who will process the withrawal. They will compare the signature in your SPA and with your signature at the bank's signature card. If everything is ok, your gf will sign a withrawal slip to enable her to withraw the remaining balance in your account.

this is a sample SPA if you will execute it here in the Philippines. If you are abroad, you can execute it before a notary public in that country or in the consular office of the Philippines






KNOW ALL MEN BY THESE PRESENTS:

I , (Insert Name of Principal) single , of legal age, with residence and postal address at (Address)do hereby APPOINT (Insert name of Agent /Attorney-In-Fact)) single/married , likewise of legal age, with postal address at (Address) as my true and legal representative to act for and in my name and stead and to perform the following acts:


To withraw the outstanding balance and to close my account at (name of bank and branch) with account number______________ and receive payment therefrom


HEREBY GRANTING unto my representative full power and authority to execute and perform every act necessary to render effective the power to close my bank account, as though I myself, has so performed it, and HEREBY APPROVING ALL that she may do by virtue hereof with full right of substitution of her person and revocation of this instrument.

IN WITNESS WHEREOF , WE HAVE HEREUNTO SET OUR HANDS THIS ____ DAY OF _______________ 200 , AT (Insert Place of execution of this Instrument).

_______________________________ __________________________________

(Name of Principal) (Name of Agent /Attorney-In-Fact)

So how do I go about getting it signed before a notary public?
And where's the consular office?
And how much should I expect to pay?

Sorry if I seem so clueless about this stuff
and thanks for helping joker

the notary public shall be the one who will prepare the SPA for you. You will just sign it in his presence. dont forget to bring with you competent evidence of identity like your I.D.

If you will execute the SPA in the Philippines, it will cost you more or less P1,000 depending on the law office

I have no idea how much it will cost you if you execute it at the consular office or before a foreigner lawyer but im sure it will cost you more

there is a consular office at the Philippine embassy

mxherr5 wrote:Hi guys, I wanted to give my girlfriend a special power of attorney.

Is this document something an attorney would have to sign or
could we just take any SPA template off the web?

Are everyone supposed to honor an SPA?
What If I grant my gf the power to close my
bank account would the teller be obligated
to honor the request even though we are
not related(yet)

Hope someone could answer my question.

Thanks

A Special Power of Attorney is an authorization for your attorney-in-fact (agent) to do/perform something in your behalf. He/she may not necessarily be an Attorney, your girlfriend qualifies as your attorney-in-fact.

As the term "special" implies, you need to be very specific in the powers that you grant your girlfriend.

Hope this answers your question.

1,000 pesos? Are you sure?
Aww...ang laki naman.

I was thinking I could prepare an SPA just in case
but I was informed that SPA's only have an
effectivity of one year =(

bro sabi ko more or less 1,000. kung gusto mong makatipid, hanap ka ng kilala mong abogado. ask mo dito c fbsensei kung magkano ang notarial fee nya

article 1919 NCC, A contract of agency is extinguished
1. By its revocation;
2. By the withdrawal of the agent;
3. By the death, civil interdiction, insanity or insolvency of the principal or of the agent;
4. By the dissolution of the firm or corporation which entrusted or accepted the agency;
5. By the accomplishment of the object or purpose of the agency;
6. By the expiration of the period for which the agency was constituted.

the effectivity of an SPA may be for a specified period even longer than 1 year as long as the object or purpose of the agency is not yet accomplished. just tell the notary public the terms you prefer and he will draft the SPA according to your preferences

1,000 pesos? Are you sure?
Aww...ang laki naman.

I was thinking I could prepare an SPA just in case
but I was informed that SPA's only have an
effectivity of one year =(

It would be much cheaper if you can prepare an SPA by yourself and have it acknowledged before a notary public. The P1,000 estimated by Joker is more or less accurate because that includes not only the notarial fee, but also the professional fee.

So if I were to prepare my own SPA how much would the notarial fee cost?

Joker, the bank is just an example hehe and the establishment I plan on
using the SPA on would only honor an SPA if its not past one year.

there is a standard schedule of notarial fees by the Integrated Bar of the Philippines but sometimes it is not being followed. you can have it cheaper from lawyer friends. meron din mga notary public sa bangketa but i do not advice you to go there he he

usually, an SPA to sell a parcel of land is more expensive than other SPA's. So the fee depends on what kind of SPA and the law office where you will have the document notarize.

its true that you can prepare your own SPA but there are some rules you have to follow that only lawyers are conversant with

Can anyone help me? I need a format for SPA authorizing me to get/claim/receive the title of my sisters property at NHMFC and to cancel the mortgage of the same at the local register of deeds, etc. FYI, the property was bought with a housing loan from NHMFC and now the loan has been settled.