A Power of Authority Letter, commonly known as a Power of Attorney (POA), is a crucial legal instrument in the Philippines used when an individual or entity needs to delegate authority to another person to act on their behalf. This document is governed by the Civil Code of the Philippines and must be notarized in accordance with the 2004 Rules on Notarial Practice. It's particularly useful in situations where the principal cannot be physically present to conduct transactions, manage affairs, or make decisions. The document can be used for various purposes, from simple transactions to complex business dealings, and can be either general (covering broad powers) or special (limited to specific transactions). For international use, it may require additional authentication through the Apostille process since the Philippines' accession to the Hague Convention in 2019.
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1. Date and Place of Execution: Specific date and location where the POA is being executed, essential for legal validity
2. Grantor Information: Full legal name, address, and identification details of the person granting the power of attorney
3. Attorney-in-Fact Information: Full legal name, address, and identification details of the person being appointed as attorney-in-fact
4. Grant of Authority Statement: Clear declaration of the principal appointing the attorney-in-fact to act on their behalf
5. Scope of Powers: Detailed enumeration of specific powers and authorities being granted
6. Duration of Authority: Clear statement of when the power of attorney becomes effective and when it expires
7. Signature Block: Space for signatures of the grantor, attorney-in-fact, and witnesses
8. Notarial Section: Space for notary public's acknowledgment and certification
1. Revocation Clause: Used when specifying conditions under which the POA can be revoked, or revoking previous POAs
2. Special Instructions: Include when there are specific conditions or limitations on how the powers should be exercised
3. Successor Attorney-in-Fact: Used when designating an alternate attorney-in-fact in case the primary one becomes unavailable
4. Foreign Use Declaration: Include when the POA will be used outside the Philippines, including Apostille requirements
5. Healthcare Decisions: Include when the POA includes authority for medical and healthcare decisions
6. Real Property Powers: Include when specific powers related to real estate transactions are being granted
1. Schedule A - Specimen Signature: Contains the specimen signatures of both the grantor and attorney-in-fact for verification purposes
2. Schedule B - List of Properties: Used when the POA relates to specific properties or assets that need to be clearly identified
3. Schedule C - Supporting Documents: Copies of valid government IDs and other supporting documents required for verification
4. Schedule D - Specific Transactions: Detailed list of specific transactions or matters the attorney-in-fact is authorized to handle
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