A Power of Attorney is a legal document whereby one person or entity, referred to as the principal, grants powers to another person or entity, called the agent or attorney-in-fact, to act on behalf of the principal. Attorney in Dubai may only be executed by a person who is above the age of 21 years and of sound mind.
It is useful to underline that the lawyers in Dubai normally use Powers of Attorney to act on behalf of their clients. If a foreign owner of a business needs a Power of Attorney issued in another country, it has to be translated into Arabic and attested in the United Arab Emirates. This article will therefore give you a step-by-step guide on how to obtain a Power of Attorney in Dubai, United Arab Emirates, for the purpose of enabling you to create a valid Power of Attorney document in the region.
Parties to a Power of Attorney (POA)
- The Principal: The principal is the grantor of the authority who is at least 21 years of age and is of sound mind.
- The Agent: This is the person under whom the principal shall act. The agent should be someone you can trust and who understands the responsibilities listed in the POA.
Using a Power Of Attorney in Dubai
A power of attorney can be granted on various tasks. Such a kind of document may also be broad, enabling the grantor to have the authority to sign/ make decisions on every related issue. A power of attorney can be granted on matters such as:
- Purchase and sale of properties or vehicles,
- Residency and foreigners affairs,
- Establishing a company,
- Addressing inheritance matters, among others.
A specific power of attorney is usually granted on resolving rental conflicts, managing real estate, handling properties, overseeing a business, or protecting trademarks.
Required Documents:
1. For UAE Nationals:
- Passport, visa page and Emirates ID of the principal.
- Passport, visa page and Emirates ID of the attorney.
- Any additional documents that may be required will depend on the kind of POA.
2. For Non-UAE National:
- Passport of the principal.
- Passport, visa page and Emirates ID of the attorney.
- Any additional documents that may be required will depend on the kind of POA.
Note: The list of documents is not exhaustive and would depend on the purpose, for example, title deeds in a real estate transaction.
Steps to Obtain Power of Attorney in Dubai
- Determine what type of POA is required:
Determine what needs you might have or what type of authority you would want to confer on an agent. This will help in selecting the appropriate type of POA.
- Preparation of POA:
You are allowed to write the POA document on your own or seek professional help for that purpose. The document shall define the powers to be conferred, the duration of the authority, and any restraints or conditions.
- Drafting the POA:
Have a lawyer or notary public prepare your POA. It needs to clearly spell out what powers you confer on the agent, when it will come into effect, how long it will last, and what limitations are placed on the agent’s powers.
- Notarization by a Notary Public is required:
The principal and the agent must appear personally before the notary public in Dubai to sign the POA. The notary will attest to the identity of both parties and ensure that they know about the contents, witnessing the signature of both parties.
- The POA can be registered:
Although this is not a requirement for the majority of real estate transactions in Dubai, the DLD can still register a POA to enhance protection and create a public record. It is mostly required only in complex transactions or those that confer substantial powers.
- Provide the POA to the Agent:
The POA, when duly notarized, attested if required, and registered if required, shall be provided in original to the agent to act on your behalf within the limits of such authority.
- Consult a legal professional:
It is important to note that these requirements and procedures might differ depending on the circumstances and purposes for which one intends to obtain a Power of Attorney in Dubai. It is highly advised to obtain advice from legal counsel for the latest information and guidance, especially in complex transactions.
Legalization for Use Abroad (if applicable)
The POA will have to be attested and authenticated by the UAE Ministry of Foreign Affairs and the appropriate embassy or consulate of the country where it is intended for use outside the UAE.
Additional Considerations
- Cost: be prepared for costs of legal advice, fees of a notary, sometimes translation and legalization.
- Validity: The POA can be drafted for any term or it could be open-ended.
- Revocation: A Power of Attorney may be revoked by the principal, through notice in writing, to the agent and the concerned authority, at any time.
The above steps will assist you in ensuring a smooth process towards attaining a Power of Attorney in Dubai, UAE. It is also advisable to consultant a legal consultant for advice.
Get Expert Help for Your Power of Attorney in Dubai
The drafting attorney of a Notary Public Dubai office will ensure your Power of Attorney is prepared properly and all formalities are fulfilled. They will guide you throughout the process, help with drafting and notarization, and even advise you on registration if needed for your real estate dealings. As a result, with legal help and advice, your mind will be at peace, knowing your POA is valid and effective, so your agent can act on your behalf.
