Special Powers of Attorney -

by Sheryll Bonilla, Esq.

Special powers of attorney (SPOA) are different from durable general powers of attorney.

The latter grants authority for a wide range of areas, while special powers of attorney are for specific purposes. The two common types of SPOA relate to real estate and children.

The real estate SPOA is usually used when a person will be out of the country when it’s time for a house to be sold or bought. It authorizes an agent present in the country to sign the conveyance and/or finance documents for the person.

The document spells out the authority the principal grants to the agent with respect to that property. The exhibit attached to the SPOA contains the full legal description for the property involved.

Because the SPOA will be used in another country, the principal must obtain an apostille which is then attached to the document.

The apostille is an official government document that affirms that the power of attorney and notarization are legitimate, and can be recognized outside the country where it was executed.

A second type relates to children.

When a child goes on school breaks to live with grandparents who are in another state, the parent executes an SPOA so the grandparent can enroll the child in summer camps or programs, or if an emergency arises, the grandparent is authorized to consent to medical treatment. The SPOA includes the dates when the grandparents’ authority is effective.

Another time this special power of attorney for children is used is when a relative accompanies a child on a trip while the parent stays home, perhaps because the parent has to continue working.

For example, the grandparent may be visiting the Philippines and wants to take the grandchildren “home.”

The parent executes a special power of attorney so the grandparent has the authority to travel with the grandchildren, take the child through immigration and customs, and if needed, make medical decisions, and so on.

The SPOA includes the dates when the grandparents’ authority is effective and the specifics on the travel for the child and her accompanying relatives.
A third instance where a parent might execute a special power of attorney is to prepare for incapacity.

The parent authorizes a person or persons she trusts to take care of her children in case she becomes temporarily incapacitated and the other parent is not available to take care of the children.

By law, this type of special power of attorney expires one year after the date it is executed. The parent can choose to execute a fresh SPOA each year “just in case” something awful happens that renders the parent temporarily unable to care for his children.

Each child must have their own SPOA because it goes into that child’s medical, school, or other records.

We hope this helps you prepare for situations where a special power of attorney might be applicable and helpful for your circumstances.

This article is for informational purposes only and is not to be constructed as offering legal advice. Please consult an attorney for your individual situation. The author is not responsible for a reader’s reliance on the information contained here.