Practical circumstances—such as residing outside the country or lack of time—often make it necessary to authorize another person to carry out legal acts on one’s behalf.
While a General Power of Attorney grants broad and extensive authorities, the Special Power of Attorney stands out as a precise legal instrument that limits the agent’s powers to a specific transaction. This balance provides procedural flexibility while safeguarding assets against any overreach or misuse of authority.
What Is a Special Power of Attorney?
A Special Power of Attorney (SPA) is legally defined as an official document through which one person (the Principal) grants another person (the Agent) the authority to perform a specific legal act or a clearly defined set of acts on their behalf.
Unlike other types of POAs, the SPA is characterized by a high level of precision: the task is explicitly defined, and the agent’s authority automatically ends once that task is completed.
In essence, it is a “limited authorization” that allows the principal to maintain full control over all other affairs, while permitting the agent to act only within the exact scope outlined in the document.
Uses of a Special Power of Attorney: When Is It the Best Choice?
A Special Power of Attorney is commonly used in situations where limiting authority is essential to prevent misuse of discretionary powers. Key use cases include:
- Real estate transactions: Selling, buying, or leasing a specific property.
- Banking procedures: Opening a specific bank account, withdrawing a defined amount, or closing an account.
- Litigation: Representing a person before courts in a specific case.
- Personal status matters: Such as marriage, divorce, or inheritance procedures.
- Vehicles: Selling, buying, or renewing the registration of a specific vehicle.
- Company formation: Signing a company’s memorandum of association or amending a specific clause.
Difference Between General and Special Power of Attorney
Many people make the serious mistake of confusing the two. Understanding the fundamental differences is essential:
| Point of Comparison | General Power of Attorney | Special Power of Attorney |
| Scope | Broad authority over most actions (sale, purchase, litigation, banking) | Limited to a specific task or subject |
| Risk Level | High—agent may dispose of all assets | Low—authority restricted to one purpose |
| Duration | Usually long-term until revoked | Ends upon completion of the specified task |
Authorities Granted Under a Special Power of Attorney
The powers granted under a Special POA derive strictly from its written text.
The legal rule is clear: “An agent may not exceed the limits of their authority.”
For example, if the POA authorizes the sale of Car A, the agent has no right to sell Car B owned by the same principal.
Typically, the authorities include:
- Signing official documents related to the specific task
- Dealing with relevant government entities
- Receiving and delivering documents
- Receiving or paying consideration, only if expressly stated in the POA
Duration and Revocation of a Special Power of Attorney
The duration of a Special POA depends on one of the following:
- Completion of the task: Once the purpose for which the POA was issued is fulfilled, it becomes legally ineffective for any new acts.
- Specified time period: The principal may state that the POA is valid for a defined period (e.g., one year).
Can a Special Power of Attorney Be Revoked?
Yes. The principal may revoke a Special POA at any time by following the legal procedure, which includes visiting a notary public to issue a Notice of Revocation and officially notifying the agent to ensure that no future actions are recognized.
Notarization of Power of Attorney in the UAE
Notarizing a POA in the UAE is a streamlined and well-organized process thanks to digital transformation. For a POA to be legally valid and recognized by government authorities and courts, the following is required:
- Notary Public: The POA must be notarized before a notary public (courts or licensed private notary offices).
- Electronic notarization: The Ministry of Justice and local judicial authorities (such as Abu Dhabi Judicial Department and Dubai Courts) provide remote notarization services via smart applications using UAE Pass.
Legal Risks of Using a General POA Instead of a Special POA
Using a General POA in situations that require a Special POA may expose you to serious risks, including:
- Breach of trust: The agent may sell assets you never intended to sell.
- Debts and liabilities: A general agent may borrow money or act as a guarantor in your name.
- Difficulty of revocation: A general POA may be used across multiple entities, complicating cancellation.
Frequently Asked Questions About Special Power of Attorney
When should a Special Power of Attorney be used?
When you need to complete a specific transaction while keeping your other assets and affairs fully protected.
Can a Special POA be used for more than one procedure?
Yes, provided that all procedures are expressly stated in the POA wording.
Is a Special POA different for individuals and companies?
Yes. Company POAs usually require submission of the trade license and memorandum of association to confirm that the signatory has legal authority to delegate powers.
Is a Special POA accepted by UAE government authorities?
Yes. In fact, it is the preferred and often required type for sensitive transactions such as property transfers or share assignments, as it ensures clarity of the principal’s intent.
A Special Power of Attorney is the safety valve of your legal relationships. Whether you are inside or outside the UAE, clearly defining authorities protects both you and your agent from misunderstandings or future disputes.
Always remember: “Precision in drafting means security in execution.”
Do you need assistance drafting a Special Power of Attorney that complies with Dubai Courts or Abu Dhabi Judicial Department requirements? Contact us now.
Private Notary Dubai
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