At a time when business commitments are increasing and personal responsibilities are intensifying, the role of a Power of Attorney (POA) emerges—both locally and internationally—as a vital legal instrument that allows one person to authorize another to carry out administrative or legal acts on their behalf.

Given the importance of POAs in facilitating daily transactions and business operations for individuals and companies, it is essential to develop a thorough understanding of all aspects of a POA, including its legal definition, types, issuance procedures, cancellation process, attestation requirements, and more. Below is a detailed guide.

Definition of Power of Attorney Under UAE Law

UAE law defines a Power of Attorney as a contract whereby the principal appoints another person to act on their behalf in carrying out a specific, lawful, and possible legal act. The authorized representative (agent) may be granted broad or limited powers within a defined scope through an official POA, whether granted to a natural person or a legal entity, enabling them to act legally on behalf of the principal.

A POA is based on three essential elements:

The Principal (Grantor): The person who grants and defines the required authority.
The Agent (Attorney-in-Fact): The person who accepts the authorization and performs the assigned tasks.
Subject Matter of the POA: The lawful and clearly defined legal act delegated to the agent (e.g., filing a lawsuit, signing a contract, registering a vehicle, selling property).

Types of Powers of Attorney in the UAE

The recognized types of POAs include:

1. General Power of Attorney

Grants broad and comprehensive powers covering various legal matters, with consideration of the associated risks.

2. Special Power of Attorney

Limited to a specific task or defined legal action. Examples include:

Judicial POA: Representation before courts and judicial authorities.
Commercial POA: Managing companies, shares, or commercial transactions.
Real Estate POA: Managing property matters (sale, lease, maintenance).
Vehicle POA: Registration renewal, sale, purchase, or export of a vehicle.
Banking POA: Managing bank accounts (opening, closing, withdrawals, deposits).
Medical POA: Granting consent for treatment or representing a patient before medical authorities.
Personal POA: Handling marriage, divorce, and related matters.
Corporate POA: Company formation, licensing, and registration follow-up.
Financial POA: Receiving payments, collecting debts, handling taxes.

Difference Between General and Special POA

Scope of Authority

General POA: Broad and comprehensive powers covering most legal and administrative matters.
Special POA: Restricted to specific actions or defined tasks.

Risk Level

General POA: Higher risk due to extensive authority granted to the agent.
Special POA: Lower risk due to clearly limited powers.

Best Use Case

General POA: When full trust is placed in the agent to manage broad affairs.
Special POA: When delegating a specific, clearly defined task.

Practical Example

General POA: Managing all business or property affairs.
Special POA: Purchasing a specific property, closing a particular bank account, or handling a specific lawsuit.

Notarization and Attestation of POA in the UAE

Local Notarization Process:

Legal Drafting: Prepare the POA in Arabic, clearly specifying powers granted.
Required Documents: Provide identification documents and supporting papers.
Notarization:
- In person before a public or private notary.
- Electronically via remote notarization and video meeting.
Payment of Fees: Varies by POA type.
Issuance: Official stamped copies are provided.

Issuing a POA (In Person and Online)

In Person via Notary:

Select the appropriate type of POA.
Draft the POA clearly in Arabic.
Notarize at the notary public or authorized center.
If used abroad, attest it at the UAE Ministry of Foreign Affairs and then at the relevant embassy/consulate.
Deliver the finalized POA to the agent.

Via Smart Application (Online Notarization):

Create an account through the relevant authority portal (e.g., Dubai Courts) using UAE Pass.
Submit the request electronically and upload required documents.
Attend a virtual meeting with the notary.

Required Documents for Issuing a POA

Copy of the principal’s passport or Emirates ID.
Copy of the agent’s passport or Emirates ID.
Contact details (phone number, email).
Certified legal translation if documents are in a foreign language.

Additional documents depending on POA type:

Real Estate POA: Title deed or property registration certificate.
Corporate POA: Trade license, commercial register, MOA, company articles, shareholder documents.
Vehicle POA: Vehicle registration card.
Marriage POA: Medical fitness and marital status certificates.
Divorce POA: Marriage contract, supporting documents.
Custody POA: Birth certificates, divorce certificate, family book, proof of residence.

Apostille and Consular Attestation

Consular Attestation:

Used when a POA is issued for use abroad or issued abroad for use in the UAE. Steps include:

Local notarization.
Attestation by the Ministry of Foreign Affairs in the issuing country.
Attestation by the embassy or consulate of the destination country.

Apostille:

Under the Hague Convention:

If issued in a Hague member country for use in the UAE, it requires apostille certification plus UAE embassy and Ministry of Foreign Affairs attestation (since the UAE is not a Hague Convention member).
UAE-issued documents for use abroad require Ministry of Foreign Affairs attestation and embassy legalization.

Validity and Cancellation of a POA

Cancellation Steps:

Confirm eligibility to cancel.
Submit cancellation request to the notary (in person or online).
Notary records cancellation officially.
Pay required fees.
Notify the agent formally.
Inform relevant authorities where the POA was used.

Legal Advice Before Issuing a POA

Choose a trustworthy agent.
Draft the POA precisely and clearly.
Consult a specialized lawyer.
Monitor the agent’s actions.
Ensure proper notarization.
Inform close relatives of the POA’s existence.

Frequently Asked Questions (FAQs)

Which authorities issue POAs in the UAE?
Public and private notary offices under the Ministry of Justice, UAE embassies and consulates abroad, and authorized law firms offering notarization services.

What is the validity period of a POA?
Depends on its type and purpose. Generally recommended not to exceed three years unless specified. Real estate sale POAs are typically limited to two years.

Can a POA be revoked at any time?
Yes, unless otherwise agreed or if third-party rights are involved.

What happens upon death of the principal or agent?
The POA generally terminates automatically, with limited exceptions.

Is a UAE POA valid outside the country?
Yes, once properly attested locally and internationally.

When can a POA be rejected?
Due to incomplete documents, insufficient attestation, expiration, revocation, or legal incapacity of either party.

What is the difference between notarization and attestation?
Notarization grants legal validity within the UAE. Attestation certifies the authenticity of signatures and seals for international recognition.

In conclusion, issuing any Power of Attorney—whether local or international—requires strict adherence to proper procedures, correct notarization, and, where necessary, international attestation to ensure its legal validity and enforceability.

For external or internal POAs, consult the experienced legal team at Private Notary in Dubai via email at info@privatenotarydubai.ae or WhatsApp: +971562327778. You may also visit Office 805, Opal Tower, Business Bay, Dubai, United Arab Emirates.

Frequently Asked Questions About Power of Attorney in the UAE: A Comprehensive Guide