Comparison Between General and Special Power of Attorney: Key Differences

In everyday legal transactions, a power of attorney is one of the most commonly used tools to regulate delegation between individuals. However, choosing the wrong type of power of attorney may lead to unintended legal consequences. Questions frequently arise regarding the difference between a general power of attorney and a special power of attorney, the scope of authority each grants, and the extent to which official authorities accept each type.

This content explains the key differences between a general and a special power of attorney under UAE law, in terms of scope of authority, legal risks, and the most appropriate use cases for each—helping you make an informed legal decision that achieves the intended purpose without exposing the principal to unnecessary risks.

What Is a Power of Attorney Under UAE Law?

Under UAE law, a power of attorney is a legal instrument by which one person authorizes another to carry out legal acts on their behalf, within the limits and authorities defined in the document itself. A power of attorney is a legally recognized method of organizing personal, commercial, and administrative transactions, provided it is issued in accordance with the required formalities and procedures.

Types of Powers of Attorney in UAE Law

The UAE system primarily distinguishes between two main types of powers of attorney, each differing in scope and legal effect:

General Power of Attorney

A general power of attorney refers to a delegation granting the agent broad authority to act on behalf of the principal in multiple matters or transactions without specifying each act individually. This type is typically used in situations requiring comprehensive management or ongoing representation.

• Covers a broad range of actions

• Grants the agent wide discretion

• Often used for continuous or long-term representation

Special Power of Attorney

A special power of attorney is a delegation granted for a specific act or clearly defined transaction, as expressly stated in the document. This type is characterized by precision and clarity.

• Limited to specific acts

• Does not allow actions beyond what is expressly stated

• Commonly used for sensitive or temporary matters

Definition of a General Power of Attorney

A general power of attorney is one of the most common forms of delegation, used when the principal wishes to grant broad authority without listing every individual act.

Concept of a General Power of Attorney

It is based on the idea of comprehensive delegation within a general framework defined by the document. Legally, it grants the agent authority to act on behalf of the principal in more than one transaction or procedure and is not limited to a single purpose unless expressly restricted. However, it is always interpreted strictly within the wording of the document, without assuming unstated powers.

Legal Framework in the UAE

Under UAE law, a general power of attorney is valid if it meets formal legal requirements.

• Subject to the general rules of agency

• Interpreted narrowly in case of dispute

• May not be accepted by certain authorities except within specific limits

Official authorities often treat general powers of attorney with caution due to their broad scope.

Definition of a Special Power of Attorney

A special power of attorney represents a more restricted form of delegation, used when the purpose is specific and known in advance.

Concept of a Special Power of Attorney

It is based on limiting the delegation to a particular transaction or clearly defined set of actions.

• Specifically identifies the act subject to delegation

• Tied to a single purpose or defined set of actions

• Does not permit expansion beyond the stated authority

This type provides clearer boundaries in terms of authority and responsibility.

Legal Framework in the UAE

In practice, special powers of attorney enjoy broader acceptance.

• Reduced likelihood of disputes

• Easier to verify scope of authority

• Preferred in sensitive official and judicial matters

For this reason, government and judicial authorities often rely on them.

Key Differences Between General and Special Powers of Attorney

The distinction is not merely formal—it has direct legal consequences.

Scope of Authority in a General Power of Attorney

• Covers multiple transactions

• Grants broader discretion to the agent

• Strongly influenced by general wording

The broader the wording, the greater the room for interpretation.

Scope of Authority in a Special Power of Attorney

• Limited to clearly defined acts

• Authority tied to a specific purpose

• Reduces risk of misuse

This limitation provides greater legal protection for the principal.

When Is a General Power of Attorney Advisable?

A general power of attorney may be appropriate when flexibility is required.

Suitable Situations

• Managing multiple and changing matters

• Long-term delegation

• Representation before multiple authorities

It is preferable where continuity of management is necessary.

Legal Risks

Despite its flexibility, it carries risks:

• Potential misuse of authority

• Limited oversight over the agent’s actions

• The principal bears legal consequences of the agent’s acts

Therefore, careful drafting and clear limitations are strongly recommended.

When Is a Special Power of Attorney the Better Option?

In many cases, a special power of attorney offers greater security.

Suitable Situations

• Specific financial or real estate transactions

• Temporary procedures

• Representation before a specific authority

It is ideal where the objective is clear and limited.

Advantages in Terms of Security

• Clear definition of authority

• Easier proof of scope

• Reduced likelihood of future disputes

For sensitive matters, it is often the safer choice.

Position of Official Authorities

Official authorities may treat each type differently.

General Power of Attorney

• Subject to closer scrutiny

• May require additional clarification

• May not be accepted in certain financial or real estate transactions

Special Power of Attorney

• Faster and easier acceptance

• Clear scope of authority

• Widely relied upon in official procedures

Revocation or Amendment

UAE law allows termination or amendment subject to certain conditions.

Revoking a General Power of Attorney

• Formal revocation document

• Notification to the agent

• Notification to relevant authorities

Revocation typically does not affect valid prior acts.

Revoking a Special Power of Attorney

• May end automatically upon completion of its purpose

• Can be revoked partially or entirely

• Authority ceases after completion

This automatic limitation is one of its advantages.

How to Choose the Appropriate Type

Choosing the right type has direct legal consequences.

Selection Criteria

• Nature of the transaction

• Level of trust in the agent

• Potential risk exposure

• Duration of delegation

The more sensitive the transaction, the more appropriate a special power of attorney may be.

Frequently Asked Questions

What is a general power of attorney?
It is a delegation granting broad authority to represent the principal in multiple transactions within the limits defined by the document.

What is a special power of attorney?
It is a delegation limited to a specific act or defined transaction and cannot be exceeded.

Which is more widely accepted by official authorities?
A special power of attorney is generally more readily accepted, particularly in sensitive matters.

Is a special power of attorney safer?
Yes, as it clearly defines authority and reduces the risk of misuse.

Conclusion

Choosing the type of power of attorney is not a mere formality—it is a legal decision with direct consequences for authority, risk, and official acceptance. A general power of attorney may be suitable where broad delegation is required, while a special power of attorney provides greater clarity and security in defined transactions.

Understanding the differences helps prevent disputes and protects the principal’s interests from the outset. Before issuing a power of attorney, it is advisable to review the requirements of the relevant authority and carefully define the scope of authority to ensure it aligns with your specific needs.