If you are considering granting a power of attorney, it is important to seek legal advice from an experienced team to ensure that the document is drafted correctly.
The Power of Attorney is a legal document that allows you to appoint someone to act on your behalf in certain matters.
In the United Arab Emirates it is recommended that the power of attorney to be bilingual in Arabic but also English and must be signed by you in front of a public notary.
While creating a Power of Attorney, you will need to clearly specify the powers that you are giving to your representative.
The basic duration of a POA in the United Arab Emirates is for two years, however you can specify a shorter or longer time period.
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Basic Understanding of POA
1. What is the meaning of POA?
Power of Attorney (POA) is a legal document that allows an individual (known as the ‘Principal’) to appoint another person (known as the ‘Agent’ or ‘Attorney-in-Fact’) to act on their behalf in specific legal, financial, or medical matters. The scope of authority granted to the Agent can be broad or limited, depending on the terms of the POA.
2. What are the different types of Power of Attorney available in Dubai?
- General Power of Attorney: Grants broad authority to the Agent to perform various actions on the Principal’s behalf. It covers a wide range of activities and decisions.
- Durable Power of Attorney (DPOA): Remains effective even if the Principal becomes incapacitated. It ensures that the Agent can continue to act on behalf of the Principal under such circumstances.
- Contingent Durable POA: Becomes effective upon the occurrence of a specified event, often the incapacity of the Principal.
- Special Power of Attorney: Grants limited authority to the Agent for specific tasks or decisions, such as selling a property or managing a particular legal issue.
- Springing Power of Attorney: Comes into effect at a future time or upon the occurrence of a specified event, often the incapacitation of the Principal.
- Financial Power of Attorney: Authorizes the Agent to handle financial matters on behalf of the Principal, including managing bank accounts and investments.
- Medical Power of Attorney: Allows the Agent to make medical decisions on behalf of the Principal if they are unable to do so themselves.
- Health Care Power of Attorney (HCPOA): Similar to a Medical POA, it specifically allows for decisions regarding the health care and treatment of the Principal.
- Limited Power of Attorney: Grants authority for a limited time or for a particular transaction.
- Non-Durable Power of Attorney: Becomes ineffective if the Principal becomes incapacitated. It’s typically used for specific transactions or limited time periods.
- Continuing Power of Attorney: Remains in effect even after the Principal becomes incapacitated, similar to a Durable POA.
- Welfare Power of Attorney: Specifically focuses on the personal welfare or health care decisions for the Principal.
- Combined Power of Attorney: Integrates elements of both health care and financial decisions, allowing the Agent to handle a broad range of affairs.
- Pet Power of Attorney: Appoints someone to care for the Principal’s pets and make decisions related to their wellbeing.
- Conventional Power of Attorney: Commonly used and provides standard powers for the Agent to act on behalf of the Principal.
- Ordinary Power of Attorney: Typically grants standard powers to the Agent and is effective as long as the Principal is capable of acting for themselves.
- Lasting Power of Attorney (LPA): Remains valid even when the Principal loses mental capacity and can cover health and welfare or financial decisions.
- Enduring Power of Attorney (EPA): Remains effective or ‘endures’ if the Principal loses mental capacity. Similar to a Durable POA, but this term is more common in some jurisdictions.
- Non-continuing Power of Attorney: Ends when the Principal becomes incapacitated, opposite of a Continuing or Durable POA.
- Personal Care Power of Attorney: Specifically deals with the personal care aspects of the Principal, such as living arrangements and personal decisions.
- Immediate Power of Attorney: Becomes effective immediately upon execution and continues until it is revoked or the Principal becomes incapacitated (unless it is durable).
3. What is power of attorney in UAE civil code?
The UAE Civil Code provides the legal framework for POAs. It stipulates that a POA must be clear, specific, and explicitly mention the powers granted. The Civil Code also outlines the duties and responsibilities of the Agent and the conditions under which a POA can be revoked or terminated.
Obtaining and Creating a POA
How can I get POA in Dubai?
- To obtain a POA in Dubai, you must draft a POA document specifying the powers granted. This document needs to be signed by the Principal, preferably in the presence of a notary or lawyer. For non-Arabic speakers, the POA should be bilingual (Arabic and English) and must be notarized to be legally valid.
5. How can I make POA online in Dubai?
Making a POA online in Dubai involves drafting the POA document, ensuring it meets legal requirements, and then getting it notarized.
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6. What documents are required for power of attorney attestation in Dubai?
Required documents typically include:
- Original POA document.
- Principal’s passport copy.
- Agent’s passport copy.
- Other specific documents depending on the POA’s purpose (e.g., title deeds for property-related POA).
7. How can I get POA attested in UAE?
POA attestation in UAE requires:
- Notarization of the POA document at a Notary Public in UAE.
- For foreign POAs, attestation from the Ministry of Foreign Affairs in the country of origin, followed by UAE Embassy attestation in that country, and finally, attestation by the UAE Ministry of Foreign Affairs.
8. How do I notarize a power of attorney in Dubai?
To notarize a POA in Dubai:
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- Visit a Dubai Notary Public office with your valid passport and the POA document.
- The notary will verify your identity and ensure you understand the POA’s contents.
- Upon agreement, you will sign the document in the presence of the notary, who then stamps and notarizes it.
Legal Considerations
9. How much does it cost to get power of attorney in Dubai?
The cost varies depending on the complexity and type of POA. Notary fees, legal drafting fees, and any translation fees (if applicable) must be considered. Generally, costs can range from a few hundred to several thousand dirhams.
We offer 3 packages based on the timeframe valability of the POA.
10. What are the legal requirements for a valid POA in Dubai?
A valid POA in Dubai must be in writing, clearly state the powers granted, be signed by the Principal (who must be competent and not under duress), and be notarized. If the Principal is a non-Arabic speaker, the POA should be bilingual and accurately translated. The document must adhere to the UAE’s legal requirements, including specific conditions for certain types of POA.
11. What role do public notaries play in the POA process in Dubai?
Public notaries in Dubai authenticate the signing of the POA document. They verify the identity of the parties involved, ensure the Principal understands the document’s contents, and notarize the document to make it legally binding.
12. Is it necessary to have a lawyer to create a Power of Attorney in Dubai?
While it’s not mandatory, it’s highly recommended to consult a lawyer when creating a POA in Dubai to ensure the document is legally sound and aligns with the Principal’s intentions.
Duration and Termination of POA in Dubai UAE
13. How long does a POA last in Dubai?
The duration of a POA in Dubai is typically specified in the document itself. If not mentioned, it remains valid until revoked or upon the Principal’s death.
14. Does a POA expire in UAE?
A POA can expire in the UAE if an expiration date is specified, upon the Principal’s death, if the Principal becomes incapacitated (unless it’s a Durable POA), or if the purpose for which it was created is fulfilled or no longer exists.
15. Can we revoke POA?
Yes, a POA can be revoked by the Principal at any time, provided they are mentally competent. This revocation must be in writing and formally notarized, similar to the original POA.
16. How can I cancel my PoA in Dubai?
To cancel a POA in Dubai, the Principal needs to issue a revocation document, have it notarized, and inform the Agent and any relevant institutions (like banks or the land department) of the revocation.
17. How to cancel PoA in Abu Dhabi?
The process in Abu Dhabi is similar: draft a revocation document, get it notarized at a Notary Public, and notify the Agent and relevant parties.
18. What happens to a Power of Attorney if the grantor becomes incapacitated or passes away?
Generally, a POA becomes void if the Principal becomes incapacitated or passes away, unless it is a Durable POA, which remains valid during the incapacity of the Principal.
19. How can a Power of Attorney be amended or updated in Dubai?
To amend or update a POA, a new POA document must be drafted reflecting the changes, and then notarized. The old POA should be revoked to avoid any confusion.
Specific Types and Uses of POA in Dubai UAE
20. Who is eligible to grant or receive a Power of Attorney in Dubai?
Any mentally competent adult (usually 21 years and older) can grant or receive a POA in Dubai. Both parties must fully understand the POA’s implications and must not be under any duress.
A Power of Attorney issued in another country must be translated into Arabic and legalized in the UAE. A Power of Attorney is a trust relationship and any misuse will be considered fraud and prosecuted in court.
21. Can a non-resident grant or receive a Power of Attorney in Dubai?
Yes, non-residents can grant or receive a POA in Dubai. However, for a non-resident to act as an Agent, the POA must be duly notarized and, if issued outside UAE, properly attested and translated.
22. How can a Power of Attorney be used in real estate transactions in Dubai?
A POA in real estate can empower the Agent to buy, sell, rent, or manage property on behalf of the Principal. The POA must clearly outline these powers and be registered with the Dubai Land Department if it involves property transactions.
23. How can a POA be utilized for business operations and decisions in Dubai?
A Commercial POA can enable the Agent to manage business activities, make financial decisions, enter contracts, and handle other corporate matters. The scope should be clearly defined to align with the Principal’s interests.
24. How does a Healthcare POA work in Dubai, and when does it become effective?
A Healthcare POA becomes effective when the Principal is unable to make their own medical decisions. It allows the Agent to make healthcare decisions, including treatment choices, on behalf of the Principal.
25. What financial transactions can be handled under a Banking and Financial POA in Dubai?
This POA allows the Agent to conduct financial transactions like accessing bank accounts, managing investments, paying bills, and handling other monetary matters on behalf of the Principal.
26. Can a POA be used for making educational decisions for a minor in Dubai?
Yes, a POA can authorize an Agent to make educational decisions for a minor, including school enrollment, accessing records, and making decisions regarding the child’s education.
27. How can a POA be used to represent someone in legal proceedings in Dubai?
A POA can grant an Agent the authority to represent the Principal in legal proceedings, such as court cases, arbitration, or legal negotiations.
28. What is the role of a POA in arranging a marriage in Dubai?
A POA for marriage can authorize an Agent to perform certain tasks related to marriage arrangements, such as document preparation or representation in marriage procedures.
29. How can a POA be used for vehicle transactions in Dubai?
A POA can empower an Agent to buy, sell, register, or manage other formalities related to a vehicle on the Principal’s behalf.
