A Power of Attorney (POA) is a powerful legal tool that helps facilitate daily transactions, whether they are real estate, banking, or legal matters. Through a POA, you can authorize another person to carry out tasks on your behalf, saving time and effort while ensuring continuity of transactions in a legal and secure manner.
In today’s article, we explain what a Power of Attorney in the UAE is, along with important details you should know.
For legal consultations regarding powers of attorney or other legal matters, feel free to contact us through the Contact Us page.
Definition of Power of Attorney Under UAE Law
A Power of Attorney is a legal procedure that allows one person (the Principal) to authorize another person (the Agent) to act on their behalf in financial, real estate, or legal matters.
A POA may be:
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General, covering a wide range of tasks, or
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Special, limited to a specific task or transaction only.
Powers of Attorney are regulated under the UAE Civil Transactions Law, with certain provisions also falling under commercial laws, depending on the nature of the authorization.
Why Is a Power of Attorney Used in the UAE?
The need for a Power of Attorney varies based on personal or professional circumstances. Common reasons include:
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Being abroad: If you are traveling for an extended period and cannot personally complete legal or personal transactions.
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Complex legal procedures: When legal representation is required before courts or government authorities.
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Managing finances and properties: If you need someone else to manage your assets or financial affairs on your behalf.
Legal Basis of Power of Attorney in the UAE
The Power of Attorney is based on the UAE Civil Law, which regulates legal relationships between individuals.
The law permits individuals to delegate others to act on their behalf, provided that:
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The POA is written or officially drafted, and
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It may require attestation before a Notary Public or courts, depending on the type of authority granted.
Importance of Power of Attorney in Official Transactions
A Power of Attorney is a vital legal instrument that facilitates many official dealings, including:
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Completing legal transactions: Authorizing another person to sign contracts or submit cases to courts, saving time and effort.
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Flexibility in task execution: Allowing delegation when the principal cannot personally handle matters such as real estate or financial transactions.
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Representation before government authorities: Enabling the agent to deal with government departments and complete official procedures.
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Protection of rights: A POA serves as a legal document that safeguards the rights of both the principal and the agent in case of disputes.
A Power of Attorney helps accelerate procedures and resolve issues smoothly, ensuring tasks are carried out legally and securely.
When Is a Power of Attorney Necessary?
A Power of Attorney becomes essential when another person must act on behalf of the original party for practical or legal reasons. Common cases include:
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Real estate transactions: Selling or purchasing property when the owner cannot be present.
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Emergency situations: If the principal is unable to make decisions due to health conditions or sudden travel, a POA ensures continuity without delay.
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Legal procedures: Representing a person before courts or signing sensitive legal documents when personal attendance is not possible.
Difference Between a Power of Attorney and Informal Authorization
A Power of Attorney differs from informal authorization in that it is a formal legal procedure that often requires official notarization, such as before a Notary Public or courts. This grants it recognized legal authority.
A POA must clearly define its scope and explicitly authorize legal actions.
In contrast, informal authorization usually does not require official attestation and relies mainly on personal trust. It may be verbal or written, but it does not carry the same legal weight as a duly notarized Power of Attorney.
Frequently Asked Questions (FAQs)
1. What is the validity period of a Power of Attorney in the UAE?
A POA remains valid until it is revoked by the principal or until its purpose is fulfilled. In some cases, especially special POAs, a specific validity period may be stated.
2. Can a Power of Attorney be revoked at any time?
Yes, the principal may revoke the POA at any time through the Notary Public.
3. Can a Power of Attorney be notarized electronically?
Yes, the UAE Ministry of Justice provides electronic POA notarization services through its official platform.
Final Note
Power of Attorney procedures before a Notary Public in the UAE are the cornerstone of ensuring the effectiveness of a POA as a legal instrument. Through official notarization, you can be confident that all legal or financial authorities granted to your agent are executed lawfully and securely.
Whether you require a general POA, special POA, bank POA, or real estate POA, proper drafting and notarization through our office protects your rights and ensures all transactions are conducted with the highest level of legal security.
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.