What is a Power of Attorney (POA)?
A Power of Attorney (POA) is a legally binding document that grants someone (an agent or attorney-in-fact) the right to act on behalf of another person (known as the principal). A POA is a powerful tool used to manage and assist individuals while providing flexibility with their affairs. Based on the document terms and the principal’s intentions, the powers are granted to the person. The assigned individual is obliged to strictly follow the terms of the POA while keeping the best interests of the authorising party in mind.
Each department or area may require specific powers granted through a POA, and the scope of authority can vary based on the needs and intentions of the grantor. It is important to detail the authority in the POA document to ensure that the agent acts within the intended scope.
Legal advice and guidance are often recommended when creating a Power of Attorney to ensure that the document complies with relevant laws, covers the necessary areas, and accurately reflects the grantor’s intentions and preferences.
Types of Power of Attorney
The types of POAs in the UAE include:
- General POA: The agent is provided with financial, legal, and business decisions on behalf of the principal.
- Limited or Special POA: The agent is provided with a specific requirement for a defined period.
- Durable POA: The agent is provided with authority even if the principal loses their ability to do so or becomes disabled.
- Medical or healthcare POA: The agent is provided with authority to make decisions related to the healthcare of the principal if they are available to do so.
Key points about a Power of Attorney
- The agent must act in the best interest of the principal when acting under a Power of Attorney.
- POAs must be established based on the laws of the UAE.
- POAs can be amended or withdrawn by the principal if they are capable of making decisions and are of sound mind.
Importance of Power of Attorney
- Certain legal matters, such as litigation, contracts, or other legal affairs, can be assigned to agents or legal representatives with the use of POA on behalf of individuals or organisations.
- With the help of POA, financial transactions, investments, banking, tax matters, and property management can be granted on behalf of the principal.
- A POA can be used for cross-border transactions or dealings to authorise someone to manage international business matters, investments, or legal proceedings.
- A POA can also only be used to authorise someone to sign documents, access accounts, and manage general affairs while the principal is not available to do it by themselves.
We Can Help in Getting POAs For The Following Departments
What are the documents required for getting a POA in Dubai and the UAE?
Obtaining a Power of Attorney (POA) in the UAE requires specific documentation for both inside and outside the country. Below are the documents required for preparing a POA within the UAE:
Within the UAE (Resident and Non-Resident)
- Application form provided by the relevant authority for the POA application
- POA draft highlighting the powers given by the principal to the agent
- Passport copies of the principal, the agent, and any other parties involved
- Emirates ID copies of the principal and the agent
- Other specific information may be required by the authority, such as the scope, limitations, and duration of the POA.
- Notarised document by a notary public or a relevant authority
Outside the UAE (Resident and Non-Resident)
- POA draft highlighting the powers given by the principal to the agent
- Passport copies of the principal, the agent, and any other parties involved, attested and notarised by the specific country
- The document must be translated to Arabic or English if it was originally in any other language.
- Check with the country’s embassy or consulate, as some countries might have specific additional requirements to be completed.
- An existing POA might be required to be notarised by a public notary and legalised by the UAE embassy in the respective country.
Types of Special Powers of Attorney in Dubai and the UAE (Personal and Corporate)
The United Arab Emirates (UAE) provides various types of Power of Attorney (POA) based on the different requirements. The types of POAs mostly used in the UAE include:
Types of Power of Attorney
The types of POAs in the UAE include:
- General POA: The agent is provided with financial, legal, and business decisions on behalf of the principal.
- Limited or Special POA: The agent is provided with a specific requirement for a defined period.
- Durable POA: The agent is provided with authority even if the principal loses their ability to do so or becomes disabled.
- Medical or healthcare POA: The agent is provided with authority to make decisions related to the healthcare of the principal if they are available to do so.
Each emirate in the UAE may have specific requirements, formats, and procedures for drafting and executing POAs and the purpose for which the POA is needed. It is also required in the UAE to notrise and attest certain POA documents to be acceptable for legal usage in the country.
Remote Notarisation
Remote notarisation, or e-notarisation in the UAE, involves notarising a document entirely online. This allows individuals and businesses to get their documents notarised remotely via digital platforms with the use of electronic signatures, secure document sharing, and video conferencing.
Process of Notarising Power of Attorney in the UAE
- The process of notarisation in the UAE involves a few steps. Gatestone Group will assist you in remote notarisation with the following:
- Gatestone Group will draft the POA document that outlines the powers given to the agent by the principal. Our in-house lawyers and legal advisors will ensure that the document complies with UAE regulations.
- Gatestone Group will complete the online notary process.
- Gatestone Group will submit the document to the Notary Public, whereby they will review and verify the parties involved and carefully assess the documents.
- Gatestone Group will assist you with the notary public witnessing and attestation process, whereby they witness the signing of the POA by the principal. Once that is done, they will seal and sign the document, attesting to its validity.
- Gatestone Group will receive the notarised POA on your behalf or have it delivered directly to the involved parties from the Public Notary.
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Our expert legal team ensures a secure and efficient process, allowing you to remotely notarise documents and grant or receive authority with ease. Trust us to navigate the complexities, making your legal affairs more accessible and convenient.
FAQs
The Power of Attorney is a legal document that allows one person (the principal) to grant authority to another person (the agent or attorney-in-fact) to act on their behalf in various matters.
Common types of Power of Attorney in the UAE include general, specific, and durable Power of Attorney. A general POA grants broad powers, a specific POA is limited to certain actions, and a durable POA remains in effect even if the principal becomes incapacitated.
If the Power of Attorney document is not in Arabic, translation may be necessary. Some transactions, such as those involving real estate, may require additional attestation by the Ministry of Justice.
Yes, the UAE has recognised the validity of remote notarisation. However, it is essential to use platforms that comply with local regulations.
The requirements for a remote notary session in the UAE may include online registration, identity verification through biometric checks, and scheduling a virtual meeting with the notary.
Common documents that can be notarised in the UAE include Power of Attorney, affidavits, and legal declarations. However, the specific types of documents may vary based on the platform and local regulations.