Do I Need a General or Special Power of Attorney in the UAE?

A Power of Attorney (POA) is one of the most essential legal documents in the UAE, granting authority from one party (the principal) to another (the agent) to perform legal acts on their behalf. Whether for individuals or companies, choosing the right type of POA—General or Special—is crucial to ensure that the scope of authority matches your needs.

In this article, we’ll walk you through the differences between general and special powers of attorney, their validity, how they can be revoked, and the steps to issue and notarize a POA in Dubai and across the UAE.

Validity of a Power of Attorney in the UAE

The scope of authority given to the agent depends on whether you issue a general or special POA:

• General Power of Attorney UAE: grants broad and unlimited powers to the agent. This may include signing contracts, representing you before courts or government entities, managing businesses, or handling property matters. For example, a lawyer with a general POA can represent a client in multiple legal issues, negotiations, settlements, and government procedures.
  
• Special Power of Attorney Dubai: restricts the agent to a specific action or a limited series of acts. For instance, appointing a lawyer to handle one particular court case, or authorizing someone to sell a car, manage a property, or finalize inheritance distribution.
  

Both types of POA are subject to termination in the following cases:

• Completion of the assigned task.
  
• Expiry of the period mentioned in the POA.
  
• Death or loss of legal capacity of either the principal or the agent (with certain exceptions, such as mortgage sale powers).

Revoking or Canceling a Power of Attorney

A POA in the UAE can be revoked as long as it is revocable. The principal retains the right to cancel it at any time unless the document states otherwise. The cancellation process includes:

1. Confirming whether the POA is revocable.
   
2. Submitting an official request—either electronically through the UAE Ministry of Justice portal, Dubai Courts, or the “Sahl” government app, or in person at the notary public.
   
3. Registering the cancellation with the notary public after reviewing the supporting documents.
   
4. Paying the applicable cancellation fees.
   
5. Serving a Legal Notice for Cancellation of Power of Attorney (attested notice) to the agent.
   
6. Notifying all concerned authorities (such as banks or government departments) to ensure that the agent can no longer act on your behalf.

Steps to Issue and Notarize a Power of Attorney in Dubai

Issuing a POA in Dubai is straightforward and can be done in person or online. To ensure that the document is legally valid and effective, it must be notarized by a notary public. The process usually involves:

1. Contacting a private notary office or the Dubai Courts notary service to request assistance.
   
2. Drafting the POA carefully, specifying the parties, the subject matter, and the scope of powers granted.
   
3. Scheduling an online or in-person meeting with the notary public.
   
4. The notary verifying the principal’s intent and understanding before certifying the POA.
   
5. Paying the required notarization fees.
   
6. Receiving official copies of the notarized POA, with one copy for the principal and another for the agent.

Common Mistakes to Avoid When Drafting a Power of Attorney

Many POAs become invalid or legally weak due to drafting errors. Some common mistakes include:

• Using vague or unclear wording.
  
• Leaving out important details (parties’ information, subject of the POA, or scope of powers).
  
• Relying on outdated POA templates without considering new regulations.
  
• Drafting the POA in a language other than Arabic (required by UAE law).
  
• Failing to comply with the UAE Federal Law on agency contracts.
  
• Missing supporting documents related to the POA’s subject matter.

FAQs

What is the difference between a general and a special power of attorney in the UAE?
A general POA gives broad powers across multiple matters, while a special POA restricts authority to one specific action or case.

When should I use a general power of attorney?
When you need someone to manage a wide range of personal, business, or legal matters on your behalf.

When should I use a special power of attorney?
When you need someone to carry out a single transaction or represent you in a specific matter, such as selling property, representing you in one court case, or managing a particular company task.

How long is a power of attorney valid in the UAE?
Validity depends on the type of POA and the agreed terms. It can expire upon completion of the task, after a fixed duration, or automatically upon death or loss of legal capacity of either party.

Can a power of attorney be revoked or canceled?
Yes, as long as the POA is revocable. Cancellation can be done electronically or at the notary public office.

Do powers of attorney need to be notarized in Dubai?
Yes. For a POA to be legally binding, it must be notarized by a public or private notary.

Can I issue a power of attorney online or electronically?
Yes. Dubai Courts and the Ministry of Justice offer electronic POA services through their online portals and mobile apps.

What documents are required to issue a POA in the UAE?
Valid Emirates ID or passport, draft of the POA, and any supporting documents relevant to the authority being granted (e.g., property title deed for real estate).

How can a notary public help in issuing a POA?
The notary public ensures the legality, clarity, and enforceability of the POA, verifies the principal’s identity and intent, and certifies the document officially.

Are there legal consequences for using the wrong type of POA?
Yes. Misusing a POA or granting excessive authority through the wrong type can expose you to legal disputes or financial risks. It’s always best to seek professional legal advice before drafting a POA.

Final Thoughts

Whether you need a General Power of Attorney UAE or a Special Power of Attorney Dubai, choosing the right type of authorization is critical to protect your interests. Always ensure your POA is properly drafted, notarized, and compliant with UAE law.

If you’re unsure which type of POA is right for you, our notary experts in Dubai can guide you through the process. From Power of Attorney attestation in Dubai to corporate and property POAs, we provide reliable support tailored to your needs.

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