Differences Between a Power of Attorney and a Special Power of Attorney

Before explaining the differences between a power of attorney and a special power of attorney, it is best to understand the types of powers of attorney. There are 2 (two) types of powers of attorney, namely a special power of attorney and a general power of attorney.

General Power of Attorney

A general power of attorney is explained in Article 1796 of the Civil Code, which reads:

A power of attorney that is formulated in general only covers actions regarding management. To transfer ownership of goods or encumber the goods with a mortgage, make a settlement, or carry out other actions that can only be carried out by an owner, a power of attorney with explicit words is required.

Special Power of Attorney

Furthermore, a special power of attorney is based on Article 1795 of the Civil Code, which reads:

The granting of power can be done specifically, that is, only regarding one or several specific interests, or in general, that is, covering all the interests of the grantor.

So, what is meant by a special power of attorney? Based on the article above, a special power of attorney is a power of attorney that explains what actions can be taken by the recipient of the power of attorney.

This form of power of attorney can be the basis for granting power to act before a court, representing the interests of the grantor as the principal party.

Each special power of attorney must be recorded in the Special Power of Attorney Register at the registrar's office of the judicial body where data collection and supervision will be carried out on the grantor who is the material party or principal party and the recipient of the power of attorney as the formal party.