How to give power of attorney to someone in Dubai? A power of attorney in Dubai is an important legal document that allows one person (called the “principal” or “attorney”) to act on behalf of another person (called the “principal” or “principal”) in various legal, financial, and personal matters. This power of attorney is a vital tool to ensure continuity of management when the principal is unable or unavailable to act themselves. Below, the POA&more team explains how to grant a power of attorney to someone in Dubai.
Digital Power of Attorney Services
How to give power of attorney to someone in Dubai? Dubai and the UAE in general offer a wide range of digital power of attorney services (digital entities) to simplify procedures and save time and effort for individuals and businesses. These services align with the government’s vision to digitize transactions and eliminate paperwork. Here are the most prominent digital attorney services available in Dubai:
Issuing and Notarizing Powers of Attorney Online:
- Convenience and Flexibility: This service allows individuals and businesses to issue and notarize powers of attorney from anywhere, at any time, without the need to physically visit a notary public office.
- Digital Verification: Electronic powers of attorney contain a digital signature and a digital notary seal, ensuring the authenticity of the document.
- Use of the Digital Pass: Citizens and residents can use the “Digital Pass” app to log in to online portals and complete the notarization process.
- Remote Interview: The process typically involves scheduling a video interview with a notary public to verify the client’s identity and acknowledge the power of attorney.
Types of Powers of Attorney
This service includes various types of powers of attorney, such as:
- General Power of Attorney: Grants the attorney broad powers to carry out any legal action on behalf of the client.
- Special Power of Attorney: Specifies specific and limited powers for the attorney (for example, Property Power of Attorney, power of attorney to manage a company, power of attorney for court cases, Vehicle Power of Attorney, power of attorney to sell shares, power of attorney for inheritance matters, power of attorney for marriage procedures, and travel permits for children).
- Corporate Power of Attorney: Concerns commercial matters and company management.
- Lawyer Power of Attorney: To represent the client in legal cases.
Drafting Powers of Attorney
- How to grant power of attorney to someone in Dubai? POA&more provides power of attorney drafting services to ensure compliance with UAE and international laws and accurately define the scope of legal powers.
- POA&more also provides bilingual powers of attorney (Arabic and English) for ease of use locally and internationally.
Notarization of Documents and Powers of Attorney
The UAE Ministry of Foreign Affairs and International Cooperation provides electronic document and power of attorney notarization services, whether issued within the country or abroad. This is often done by registering on the website, filling out the information, paying the fees, and then receiving the digitally certified documents or via delivery companies.
Services Related to Digital Power of Attorney
- Change of Power of Attorney: A service that allows changing the legal attorney in the event of a transfer of ownership or any other change.
- Renewal of Power of Attorney: For some types of powers of attorney that are limited to a specific period.
Advantages of Using Digital Power of Attorney Services in Dubai
- Speed and Ease: Transactions can be completed in record time and from anywhere.
- Saving Time and Effort: Reducing the need to visit government offices or notary offices in person.
- Security and Reliability: The use of advanced digital technologies such as digital signatures and data encryption ensures the security and integrity of documents and prevents fraud.
- Transparency: The ability to track the status of the application and access all information related to the transaction.
- Efficiency: Contributes to enhancing the efficiency of judicial and legal services in the country.
Dubai seeks to provide an integrated digital environment for power of attorney services, making it easier for individuals and companies to complete their legal work efficiently and securely.
How to give power of attorney to someone in Dubai
How to give power of attorney to someone in Dubai? to grant a power of attorney to someone in Dubai, here are the basic steps and requirements:
Understanding the types of powers of attorney:
- General Power of Attorney: Grants the attorney broad powers to manage the principal’s affairs across a wide range of issues, such as financial decisions, real estate transactions, and contracts.
- Special Power of Attorney: Specifies the power of attorney for specific tasks or transactions, such as selling a specific property, managing a specific bank account, or representing the principal in a specific legal matter. It is important to clearly define the powers in the special power of attorney.
Basic Requirements for the Principal and attorney:
- Legal Capacity: Both the principal (the person granting the power of attorney) and the attorney (the person to whom the power of attorney is granted) must be legally competent, both must be of sound mind and at least 21 years of age.
- Identity Proof: Valid passport (original and copy) and Emirates ID (for UAE residents) for both the principal and attorney.
Preparing and Drafting the Power of Attorney:
- Drafting: The power of attorney must be clearly and concisely drafted, detailing the powers granted to the attorney. It is recommended to consult a legal advisor or attorney specializing in drafting power of attorney to ensure compliance with applicable UAE laws and avoid any errors.
- Language: The power of attorney must be in Arabic, or in both Arabic and English, with an Arabic translation certified by a legal translator licensed by the UAE Ministry of Justice.
Notarization:
Notary Public: The principal must sign the power of attorney before a Dubai Public Notary Public. The notary will verify the principal’s identity and their consent to issue the power of attorney.
How to give power of attorney in dubai
How to give power of attorney to someone in Dubai? POA&more Poa Dubai offers a comprehensive range of services to assist individuals and businesses in granting a power of attorney in Dubai, whether inside or outside the UAE. Here’s how these companies typically assist:
Power of Attorney Drafting:
- Define Scope: The company helps you determine the type of power of attorney you require (general, special, commercial, personal) and the precise scope of powers you wish to grant to the attorney. This ensures that the power of attorney meets your specific needs and complies with UAE laws.
- Draft Preparation: Legal experts prepare a draft power of attorney in English and Arabic, ensuring accuracy and clarity in the wording and compliance with UAE legal requirements.
- Review and Amendment: The draft is sent to you for review and approval, and you can request any necessary amendments before finalization.
Legal Translation:
Translation into Arabic: Although some powers of attorney can be multilingual, the power of attorney must be in Arabic or accompanied by a certified Arabic translation to be accepted by official authorities in the UAE. The company translates the power of attorney by certified legal translators.
Attestation:
- Notary Public: Notarization by a notary public in Dubai is mandatory for a power of attorney to be legally valid. POA&more can assist with this process, including arranging virtual meetings with a notary public if you are outside the UAE.
- Ministry of Foreign Affairs and International Cooperation: If the power of attorney is issued outside the UAE, it must be attested by the Ministry of Foreign Affairs in the home country, then by the UAE embassy or consulate in that country, and finally by the UAE Ministry of Foreign Affairs and International Cooperation. POA&more offers comprehensive assistance with these procedures.
- Other Stakeholders: In some cases, attestation of the power of attorney may be required from other relevant government entities (such as the Dubai Land Department for properties).
Representation and Additional Services:
- Power of Attorney Representation: After issuing the power of attorney, the company can represent you in various transactions, whether selling or buying property, managing companies, banking transactions, or otherwise, in accordance with the powers granted in the power of attorney.
- Progress Tracking: The company typically provides the ability to track the progress of the power of attorney application, providing peace of mind for clients.
- Comprehensive Services: These companies often offer a comprehensive package of services to reduce the need for travel and transportation, saving clients time and effort.
How to give power of attorney to someone in Dubai? POA&more facilitates the process of obtaining a power of attorney in Dubai by offering comprehensive services ranging from legal drafting and translation, through notarization and certification by official authorities, to representation and follow-up, ensuring legal compliance and saving clients time and effort.
Key Points to Consider When Creating a POA in Dubai
How to give power of attorney to someone in Dubai? When creating a power of attorney in Dubai, there are several key points to consider to ensure its validity and legal effectiveness. Here are the most important:
Legal Capacity:
- Principal and attorney: Both the principal (the person granting the power of attorney) and the attorney (the person being authorized) must be at least 21 years old and of sound mind.
- Capacity to Act: The principal must have the right to act on their own behalf in the matter they have been authorized to act on, and the attorney must not be prohibited from acting on the matters they have been authorized to act on.
Type of Power of Attorney:
- General Power of Attorney: This grants the attorney broad powers to act on the principal’s behalf and may not be acceptable for some important transactions, such as real estate sales. It should only be issued to someone you fully trust.
- Special Power of Attorney: This specifically specifies the attorney powers to perform specific actions or procedures (such as the sale of a specific property, the management of a specific estate, or matters related to inheritance). Special Power of Attorney is best used for transactions that require precise definitions of powers.
- Real Estate Power of Attorney: For real estate transactions, the power of attorney must be specific and contain property details such as unit number and building name. The original title deed is often required.
Power of Attorney Drafting:
- Clarity and Precision: The power of attorney must clearly define the powers granted to the attorney, whether general or specific. The language used must be clear and unambiguous to avoid any legal complications.
- Seeking Expertise: It is preferable to seek the assistance of a lawyer or legal advisor to draft the power of attorney to ensure it meets Dubai legal standards, is comprehensive, and covers all required aspects.
Notarization:
- Notary Public: The power of attorney must be authenticated by a Dubai notary public to have legal force. The notary public verifies the identities of the parties and the legal accuracy of the wording.
- Personal Attendance: Both the principal and attorney must sign the power of attorney in the presence of the notary public.
- Translation: If the power of attorney is in English or any other language, it must be translated into Arabic by a certified legal translator, and both the original and translated versions must be authenticated.
- Attestation from Abroad: If the power of attorney is issued outside the UAE, it must be signed before a notary public/solicitor in the country of origin and attested by the Ministry of Foreign Affairs in that country, then by the UAE embassy in the country of issuance. It must then be translated into Arabic in the UAE and attested by the Ministry of Foreign Affairs and the Ministry of Justice in the UAE.
Required Documents:
- Identity Documents: Valid copies of passports and Emirates ID cards (if available) for both the principal and attorney.
- Supporting Documents: For property or business purposes, you may need to provide property title deeds or company documents (such as a trade license and articles of association).
Cancellation of Power of Attorney:
- Official Notification: The principal can cancel the power of attorney at any time unless there is a legal requirement preventing it. The Cancellation of Power of Attorney request must be submitted to a notary public and officially registered.
- Notification of the attorney and Relevant Authorities: The attorney must be notified of the cancellation by a notarized notification. If the power of attorney is registered with a government entity (such as the Land Department), this entity must also be notified.
Why is Power of Attorney Important in the UAE
How to give power of attorney to someone in Dubai? A power of attorney in the UAE is a crucial legal document that grants one person (the attorney) the authority to act on behalf of another person (the principal) in legal, financial, or other matters. Its importance lies in several aspects:
Facilitating procedures and managing affairs remotely:
- Principal’s absence: A power of attorney allows the principal, whether inside or outside the country, to conduct business and affairs without the need for physical presence. This is particularly useful for travelers or residents outside the UAE.
- Property management: An attorney can manage real estate (buying, selling, renting, or maintaining), bank accounts, and investments on behalf of the principal.
- Business: Companies use powers of attorney to authorize managers or employees to make decisions, sign documents, and represent the company in legal matters.
Flexibility and efficiency:
Types of powers: The UAE offers two main types of powers of attorney to suit different needs:
- General power of attorney: This gives the attorney broad powers to act in all legal and financial matters for the principal and is used in cases requiring comprehensive authorization.
- Special Power of Attorney: Specifies the attorney authority to perform specific tasks or transactions only, such as selling a specific property, managing a specific bank account, or representing the client in a specific legal case.
- Saving Time and Effort: Power of attorney saves the client time and effort, especially when dealing with government entities or completing complex transactions.
- Regulated Legal Environment: Power of attorney facilitates the ease and speed of completing business in a regulated legal environment, ensuring the legal rights of both parties and reducing disputes.
Protection in Emergency Circumstances:
- Incapacity or Disability: In the event of a client’s severe illness or physical or mental disability, power of attorney ensures the continued management of their financial, legal, and healthcare affairs, providing peace of mind for the client and their family.
- Dealing with Emergencies: Power of attorney allows the attorney to act immediately in emergency situations (such as urgent property repairs or tenant disputes) and protect the client’s interests.
Legal Requirements and Guarantees:
- Compliance with Laws: Power of attorney in the UAE is governed by the UAE Civil Transactions Law, which sets out the terms and conditions of attorney.
- Notarization: A power of attorney must be authenticated by a notary public in the UAE to be legal and acceptable. This ensures that the principal’s capacity is verified and that they are signing the document without any coercion. Notarization by the competent authorities may also be required in some cases.
- Legal Capacity: Both the principal and the attorney must be legally competent, meaning they must be of sound mind and at least 21 years of age.
- Trust: Given the powers granted by a power of attorney, especially a general power of attorney, it is essential to grant this authority to a fully trusted person.
How to give power of attorney to someone in Dubai? A power of attorney is a vital legal tool in the UAE, providing flexibility, efficiency, and convenience in managing personal and business affairs. It also provides the necessary protection in unforeseen circumstances, while adhering to legal controls to ensure the validity and integrity of transactions.
Frequently asked questions
How do I issue a power of attorney for someone in the UAE?
How to give power of attorney to someone in Dubai? To issue a power of attorney for someone within the UAE, you can follow the following steps. Keep in mind that the procedures may vary slightly between different emirates, but the basic principles are the same. You can now do this electronically in most cases:
Determine the type of power of attorney:
- General Power of Attorney: Grants the attorney broad powers to manage all of the principal’s affairs (financial, real estate, legal, etc.).
- Special Power of Attorney: Defines specific and narrow powers for the attorney, such as selling a specific property, managing a specific case, or handling a banking transaction. Special Power of Attorney is preferred in most cases to define responsibilities and avoid misuse.
Prepare the required documents:
You will typically need the following documents:
For the principal (the person issuing the power of attorney):
- A clear copy of their valid passport.
- A copy of their Emirates ID (if resident).
- Contact information (phone number and valid email address).
For the attorney (the person to be authorized):
- A clear copy of their valid passport.
- A copy of their Emirates ID (if resident).
- Contact information (phone number and valid email address).
Power of Attorney Form:
The power of attorney must be drafted accurately and clearly, specifying the powers granted to the attorney. It is recommended to consult a lawyer to ensure the wording is accurate and covers all legal aspects.
How do I notarize a power of attorney in Dubai?
How to give power of attorney to someone in Dubai? Notarizing a power of attorney in Dubai requires several steps to ensure its legal validity. Here are the basic steps:
- Personal Attendance: The principal (the person giving the power of attorney) must appear in person before a Dubai Notary Public to sign the power of attorney.
- Identity Verification: The notary will verify the principal’s identity, legal capacity, and full understanding of the power of attorney’s content.
- Signature: The power of attorney is signed in front of a notary public.
- Fee Payment: The prescribed fees for notarizing the power of attorney are paid.
- Special Notary Public or Online Service: You can visit a POA&more Notary Public office, use the online Notary Public service to notarize the power of attorney (remotely via video call, if you are inside or outside the UAE), or use the mobile notary public services where the power of attorney is notarized at the client’s premises.
What are the procedures for issuing a special power of attorney for someone abroad?
How to give power of attorney to someone in Dubai? To issue a special power of attorney for a person outside the UAE, a series of procedures must be followed to ensure the validity and acceptance of the power of attorney in the UAE. These procedures include steps in the principal’s country of residence and in the UAE itself. The basic documents required are:
- A clear, color copy of the valid passports of the principal and the attorney.
- A copy of the Emirates ID card (if applicable) for both parties.
- Contact information such as the valid phone number and email address of both parties.
- Any supporting documents or contracts depending on the type of power of attorney (real estate sale contract, share ownership certificate, etc.).
- A translated and certified copy of foreign documents.
