A Power of Attorney (POA) in the UAE is a formal legal document that authorizes one person (the agent) to act on behalf of another (the principal) for a specific purpose. It serves as an essential legal tool for individuals and entities who cannot personally complete their procedures due to travel, illness, lack of time, or other circumstances.
Understanding all the details related to the issuance of a power of attorney — including its conditions, types, and revocation procedures — is crucial to ensure compliance with UAE law and to protect the rights of both parties involved.
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Conditions for a Valid Power of Attorney in the UAE
A power of attorney is a legal contract between the principal and the agent, where the principal authorizes another person to act and represent them according to the powers stated in the document.
Any individual or legal entity can issue a power of attorney in the UAE as long as the following conditions are met:
- The principal must have full legal capacity.
- The principal must own or control the right to act upon the subject of the POA.
- The agent must not be legally prohibited from acting on the subject matter.
- The subject of the POA must be specific, known, and legally delegable.
- The POA must not depend on the approval or consent of the opposing party.
Major Types of Powers of Attorney and Their Common Uses
Powers of attorney differ depending on the scope of authorization and purpose. They can be general or specific, conditional or time-bound, and used across various personal and professional matters.
1. General Power of Attorney
A general POA grants broad and unrestricted powers to the agent to act on behalf of the principal. It is commonly used for:
- Official representation in company formation on behalf of founders.
- Handling legal matters and representing the principal before government authorities and courts.
- Managing commercial activities, such as signing contracts or buying and selling assets (excluding real estate in most cases).
- Acting as a local service agent for free zone or mainland companies.
2. Personal Power of Attorney
This type of POA covers family and personal matters, including:
- Family affairs: authorizing someone to handle matters of divorce, custody, visitation, alimony, and family rights, especially regarding children.
- Child travel authorization: granting consent for a child to travel with another person or giving someone else the authority to make decisions during the trip.
- Marriage: authorizing a representative to complete the marriage contract on behalf of one or both parties if they cannot attend.
- Divorce: authorizing a lawyer or agent to initiate and complete divorce proceedings on behalf of the principal.
- Inheritance and estate management: empowering an agent to manage and distribute an estate, sign related documents, and represent the heirs.
3. Real Estate Power of Attorney
A real estate POA is among the most common types in the UAE and is used for:
- Buying property: authorizing someone to purchase real estate on behalf of the buyer.
- Selling property: granting the agent authority to sell real estate, with all property details and agent powers clearly stated.
- Property management and leasing: authorizing rent collection, maintenance management, and legal representation before authorities.
- Property registration: delegating property registration procedures with the relevant authority.
- Mortgage and real estate loans: empowering an agent to handle mortgage-related transactions and documentation.
4. Vehicle Power of Attorney
A vehicle POA allows the agent to act regarding motor vehicles, including:
- Buying and selling vehicles on behalf of the owner.
- Registering or renewing vehicle registration.
- Transferring ownership to another party.
- Exporting vehicles on behalf of the owner.
5. Business and Corporate Power of Attorney
This type of POA is issued for company-related matters, including:
- Company formation: granting the agent power to complete incorporation, registration, and licensing procedures.
- Company management and operation: delegating day-to-day administrative and financial management.
- Commercial registration and licensing.
- Transfer or sale of shares and company ownership.
- Signing business contracts and agreemen
- Managing corporate bank accounts: opening, operating, and closing accounts.
- HR and immigration transactions: handling employment contracts and labor-related documentation.
6. Litigation and Court Power of Attorney
A court POA authorizes an agent, usually a lawyer, to represent the principal in legal matters. Common uses include:
- Representation before civil and criminal courts.
- Filing appeals and cassation petitions.
- Execution and arbitration proceedings.
- Personal status cases, such as divorce, custody, and alimony.
7. Banking and Financial Power of Attorney
Used for managing financial and banking affairs, this POA allows the agent to:
- Open or close bank accounts.
- Deposit or withdraw funds and sign cheques.
- Negotiate and obtain loans or financial facilities.
- Manage investments and shares, including attending shareholder meetings and signing resolutions.
8. Commercial Agency Power of Attorney
This POA is often used in trade and import/export operations:
- Exclusive distribution: giving the agent the right to distribute products or services of a foreign company within the UAE.
- Import and export transactions: including customs clearance, contract signing, and government representation.
- Signing commercial contracts and managing business operations.
9. Limited or Specific Power of Attorney
A specific POA is restricted to a particular task or transaction. Examples include:
- Signing specific documents.
- Handling a single transaction on behalf of the principal.
10. Medical Power of Attorney
A medical POA authorizes an agent to make healthcare-related decisions, including:
- Approving medical treatments on behalf of the patient.
- Representing the patient before hospitals or medical institutions.
- Managing insurance claims and other medical-related documentation.
Revocation or Termination of a Power of Attorney in the UAE
A power of attorney may be revoked if it is legally revocable, meaning the principal reserves the right to cancel it at any time unless the contract explicitly states otherwise.
Procedure for Revoking a POA in Dubai:
- Verify the POA clause to confirm whether it can be revoked.
- Submit an official revocation request:
- Online via the Ministry of Justice portal, Judicial Department, or the Sahel government app.
- If the POA was issued by a notary public, cancellation must be made in person before the same notary (public or private).
- Authenticate the revocation with the notary after verifying documents.
- Pay the applicable legal fees.
- Notify the agent through an officially certified notice of revocation.
- Inform relevant entities, such as banks or government departments, to ensure they no longer accept actions under the revoked POA.
A power of attorney also terminates automatically in the following cases:
- Completion of the authorized task
- Expiry of the duration specified in the document.
- Death or legal incapacity of either the principal or the agent (with limited exceptions, such as mortgage-related POAs).
Frequently Asked Questions (FAQs)
- How do I issue a real estate power of attorney with a private notary in Dubai?
- Contact our customer support team to prepare a draft POA that includes all required details of the principal, agent, and property.
- Schedule an online meeting with the notary public.
- The notary verifies the principal’s intent and understanding before notarization.
- Pay the official fees. The notarized POA is issued and copies are provided to both parties.
- What is the difference between a general and a specific power of attorney?
A general POA gives broad authority to act in almost all matters that can legally be delegated, while a specific POA limits the agent’s authority to particular actions clearly mentioned in the document. - How can I protect myself from misuse of a power of attorney?
- Have your POA drafted by a qualified lawyer to ensure clarity of powers and purpose.
- Limit the scope and duration of authorization.
- Keep trusted people informed about the POA’s existence.
- Ensure the POA is properly notarized to make it legally binding.
Conclusion
A power of attorney is a vital legal instrument in the UAE that facilitates personal, financial, and business matters. However, it should be drafted and executed carefully under proper legal supervision to prevent misuse or disputes.
If you require a legally valid power of attorney drafted according to UAE law, contact us today. We provide online POA drafting and notarization services in Dubai and across the UAE, ensuring a fast, compliant, and secure process that fully protects your rights.
Abdul Hamid is a legal consultant with extensive experience in providing legal advice in the United Arab Emirates. His expertise focuses on legal drafting, resolving commercial disputes, and drafting and reviewing corporate and employment contracts.
