Legal Question in Real Estate Law in California

Good day!

What is the difference between a special power of attorney and a general power of attorney? Another question, is a SPA or GPA executed in the United States (involving a certain property in the Philippines) effective and binding in the Philippines?


Asked on 5/15/07, 2:22 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Good day!

The difference is that a general power of attorney allows the attorney in fact to handle a much broader range of duties, and often over a longer period of time. A special power of attorney may be limited to executing a single instrument or to the papers required to complete a single transaction.

In the USA most states have enacted a Uniform Powers of Attorney Act, which contains examples of power of attorney forms that are "approved" for wide multi-state use and where the breadth of the powers granted can be selected by checking boxes. There is even an "all powers" box.

I do not know whether the Philippines recognize the form that is in widespread use in the USA, but I think it is likely. You could ask the trade attache at the Philippines embassy or consulate; I'm sure this question comes up frequently.

What may be more important is whether the power of attorney will be acceptable to the particular individuals, agencies or entities that will be asked to honor it. It all too often happens that a bank, government agency, insurer or other party to a deal is reluctant to honor a power of attorney, even though under the laws of their state or country that are encouraged or required to honor it. Ask the other parties what they will and won't accept, if you can identify them at this time.

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Answered on 5/15/07, 12:50 pm


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