What is Power of Attorney?
A Power of Attorney is a legal document that authorizes one or more persons or entities, called an agent, to act on behalf of the person or entity that gives the Power of Attorney, known as the principal, in the event that the principal cannot act or make those decisions due to various reasons such as busy schedule, being outside the country, illness or not having enough knowledge in a particular field etc. So, a Power of Attorney (also known as a POA) allows you to give legal permission to someone else to act on your behalf.
A Power of Attorney can be general, known as general power of attorney, that gives broad and usually unlimited powers, or it can be specific, called special power of attorney, that gives only specified and limited powers to your agent. Thus a Power of Attorney is a quite flexible document that can be tailored to your specific needs. In order to avoid a misuse of a Power of Attorney by an agent, it should be carefully drafted taking into consideration your requirements and will.
When should I give a Power of Attorney?
You can give a Power of Attorney for various reasons depending on your situation. To name some, you can issue a Power of Attorney, if:
- You travel a lot and want someone to represent you in your absence;
- You have properties and want to appoint an agent to manage and look after them;
- You want to appoint someone to handle your day-to-day personal and business dealings;
- You are a business owner and want to grant certain powers to a Manager to run the business on your behalf;
- Your kids travel to other country (ies) without you (i.e. legal guardian);
- You want someone to buy or sell movable or immovable assets for you;
How can I give Power of Attorney in Dubai?
For a Power of Attorney to be valid in the UAE, it has to be prepared either in Arabic or English with certified Arabic translation and has to be notarized (i.e. signed personally by the principal before the Notary Public) in the UAE. If a POA is executed in another country, it has to be attested by the UAE Embassy in the country of origin and by the Ministry of Foreign Affairs in the UAE.
What is the process of notarization of a Power of Attorney in UAE?
The process of notarization of a Power of Attorney in UAE is as follows:
- Prepare POA in Arabic OR in English with official Arabic translation
- The principal (i.e. the person who is giving the Power of Attorney) shall visit one of the Notary Public offices and bring with him/her the following documents:
- Passport of the Principal (Original + Copy)
- Emirates ID of the Principal (for UAE Residents)
- Passport Copy of the Agent
- Power of Attorney (at least 3 copies)
- If the principal and/or the agent is a legal entity, then it would be required to provide additional documents such as trade license copy, Memorandum of Association copy or other documents depending on the type of the POA.
- Pick up your ticket from the reception
- Sign a Power of Attorney in front of the Notary Public
- Proceed to the registration counter and pay the fees
- The Notary Public signs and attests the Power of Attorney
- Your POA is authenticated and can be used now
Is it mandatory for the principal to appear in person before the Notary Public to sign a Power of Attorney?
Yes. Presence of the principal before the Notary Public to sign on a Power of Attorney is mandatory. The Notary Public ensures the legality of a Power of Attorney, checks the identity of the principal and also verifies his capacity and his consent.
Can I revoke a Power of Attorney after granting it?
Yes. You can revoke a Power of Attorney anytime giving it unless the Power of Attorney is irrevocable. Revoking or quitting of a POA can be either by mutual recognition between the principal and the agent or the principal can serve a legal notice to the agent, provided that such legal notice should be served formally through the Notary Public or by advertisement in a local newspaper.
Is it possible to authorize more than one agent in a single Power of attorney?
Yes. You can appoint or authorize more than one agent in a single Power of Attorney. The POA should clearly specify the details and capacities of the agents and whether the agents act singly or jointly. If the text of Power of Attorney does not specify this, then it will be mandatory for the agents to act jointly.
When and how does a Power of Attorney expire?
A Power of Attorney expires in any of the following situations:
- The accomplishment and execution of the subject that the Power of Attorney had been issued for.
- If the principal or the agent dies.
- At the end of the term if specified in the POA.
- It the POA is revoked by the principal.
- If the agent quits.
Who can be my agent by virtue of Power of Attorney?
Your agent (a person acting on your behalf) can be anyone who is sound and at least eighteen years old. You may want for your agent to be a family member, a trusted, long-time friend or professional, such as your lawyer, doctor or accountant. You may grant power of attorney to more than one agent.
Before you start, discuss why you’re creating the Power of Attorney with the person you choose, how long you expect them to serve as your agents, and how much they’ll be paid, if anything. These terms can be specified in a separate document. Having a conversation with your agents before creating a Power of Attorney is very crucial as it can help prevent misunderstandings after you grant the Power of Attorney.
Can a company/ legal entity give a Power of Attorney?
Yes. A Power of Attorney issued by a company is a legal document made by a company that authorises a person (the “agent”) to act on its behalf and/or sign certain documents on its behalf. The most common reason for a company to issue a Power of Attorney is if one of the directors, who would usually sign documents on behalf of the company, is unavailable. If that person is unavailable, then the company may be unable to conduct its ordinary business (such as entering into agreements, signing cheques or other day-to-day documents etc.). Therefore, using a POA, a company can appoint another person to manage the business in the absence of the company’s director or general manager.
Can the agent be held liable for actions carried out by him by virtue of a Power of Attorney?
As long as the agent acts within the limit of authority given to him/her by a POA, all responsibilities, actions and deed carried out by him will be on the principal. If the agent exceeds his limit mentioned in the Power of Attorney, he will be responsible for such actions if he does it intentionally.
How POA.AE can help?
POA.ae is a No.1 dedicated firm offering Power of Attorney drafting services in Dubai. Our team consist of experienced and qualified lawyers. While drafting your Power of Attorney, we customize it according to your needs and circumstances. Our objective is to make it possible for you to quickly and easily get your Power of Attorney prepared by a lawyer without leaving your home/office without incurring much cost. Thus our services include:
- Preparing UAE law complaint Power of Attorneys
- Delivering your POA to your home/office in Dubai
- Accompanying you at the Notary Public office during notarization