Frequently Asked Questions About Power of Attorney in Dubai

What Is a Power of Attorney in Dubai?

A power of attorney in Dubai is a legal procedure that enables a person or company (the principal) to authorize another person (the agent) to carry out legal actions or procedures on their behalf, within the scope of authority defined in the POA. A POA is used to facilitate transactions when the principal is unable to attend in person, or wishes to authorize someone they trust to complete the procedures.

When Do You Need a Power of Attorney in Dubai?

Issuing a POA may be required in many situations, such as:

• Frequent travel or residing outside the UAE.
• Being unable to attend in person due to specific circumstances.
• Wishing to authorize someone to complete a specific transaction.
• Managing business and property, or being represented before government and judicial authorities.

Key Legal Uses of a Power of Attorney

A POA in Dubai is commonly used to complete many legal transactions, most notably:

• Managing real estate and related procedures, such as buying and selling.
• Representing individuals before various government and judicial authorities.
• Following up on various legal cases and procedures.
• Managing companies and commercial businesses.
• Completing banking and financial transactions in line with the granted authority.
• Signing contracts and agreements on the principal’s behalf.

Types of Power of Attorney in the UAE: General and Special

Powers of attorney in the UAE are mainly divided into two types — general and special — and each differs in the scope of authority granted to the agent and the nature of the transactions they can carry out. Choosing the right type is essential based on the purpose you intend to delegate.

• General power of attorney: Grants the agent broad authority to carry out a range of transactions on the principal’s behalf, within the limits set out in the POA contract and the applicable UAE regulations and legislation.
• Special power of attorney: Limited to a specific transaction or defined procedure, such as selling a property, representing the principal in a specific case, or completing a transaction with a government authority, and cannot be used for any purpose other than the one for which it was issued.

Authority of a Power of Attorney in the UAE

The agent’s authority in the UAE depends on the nature and type of the POA and the scope of authority it contains, as the agent may only carry out the actions explicitly and clearly defined in the POA contract. For this reason, the scope of authority must be defined precisely to ensure the POA in Dubai is used only for its intended purpose. Common tasks that may be granted to an agent include:

• Representing the principal before official and judicial authorities.
• Managing real estate, including buying, selling, leasing, and completing related procedures.
• Managing companies and other commercial businesses and completing their related transactions.
• Completing banking and financial transactions in line with the stated authority.
• Signing contracts and agreements on the principal’s behalf.
• Following up on legal cases before the relevant authorities.
• Receiving and submitting documents and completing official transactions.

The agent must act strictly within the limits of the authority defined in the POA, and should not exceed them unless additional authority is explicitly and clearly granted.

Requirements for a Power of Attorney in the UAE

To ensure a POA is valid, officially accepted, and legally recognized by the relevant authorities in the UAE, several basic requirements must be met, most importantly:

Legal Capacity

The principal must have the legal capacity that entitles them to issue a POA contract, and the agent must be legally qualified and able to carry out the tasks and authority granted to them.

Notarizing the Power of Attorney

Notarizing the POA with the relevant authority is an important step to give the POA contract legal standing and ensure its recognition and usability before official bodies, in line with the procedures followed in the UAE.

Clarity of Authority

It is important for the POA contract to include a clear, precise, and explicit definition of the authority granted to the agent and its scope, to avoid any overreach in the use of the POA or the performance of tasks not specified in it, and to ensure transactions are carried out in line with the principal’s intended purpose.

How to Issue an Official Power of Attorney in Dubai

A POA can be issued in Dubai through a notary public by following a few simple steps, either in person or through the available digital services in cases permitted by UAE regulations:

1. Determine the nature and type of the POA and the purpose for issuing it.
2. Draft the POA wording in a precise, legal manner, clearly and explicitly defining the scope of the agent’s authority.
3. Prepare the required documents, such as an Emirates ID, passport, and any additional supporting documents depending on the type of POA.
4. Submit the notarization request to a notary public or through the available electronic channels.
5. Review the information stated in the POA and verify its accuracy before signing.
6. Have the POA notarized and certified by the notary public once the procedures are complete.
7. Receive an official copy of the POA contract, ready for use before the relevant authorities.

Notarizing a Power of Attorney in Dubai

Notarizing a POA in Dubai is one of the essential and necessary procedures to give it legal status and ensure it is recognized and accepted before official bodies. Dubai Courts offer POA certification services through a notary public, digital services, or in-person attendance, after verifying the identity and legal capacity of the parties.

Notarization via the E-Notary

The e-notary in Dubai makes it possible to complete POA notarization procedures electronically (remotely) in cases permitted by regulations, without the need to attend in person or visit the notary public’s office. The procedures include:

• Submitting the request electronically.
• Attaching the required documents.
• Accurately verifying the contract details.
• Electronic signature.
• Receiving the electronically certified POA.

Notarization Through In-Person Attendance

The principal can notarize the POA by attending in person before a notary public, where their identity, legal capacity, and personal information are verified, all the POA contract details and the agent’s defined authority are reviewed, and the document is then signed and officially certified, making it ready for legal use before the relevant authorities.

The choice of notarization method depends on the nature and type of the transaction, the requirements of the authority before which the POA will be used, and whether the conditions for e-notarization are met.

How to Verify an Official Power of Attorney in Dubai

Verifying an official POA in Dubai is an essential step before relying on it in any legal or financial transaction, to confirm that it was issued by the competent authority, is recognized before official bodies, remains valid, and includes the required authority and tasks.

Electronic Verification of a Power of Attorney

The validity of an electronic POA can be verified through the digital services provided by the relevant authorities, using the POA’s details or reference number, to check its status, validity, and official certification. Some services also allow verification of the electronic signature and notarization information.

Authorities responsible for verifying an official power of attorney in Dubai:

• The notary public in Dubai.
• The relevant courts in Dubai.
• The Ministry of Justice, depending on the type and nature of the POA contract and the issuing authority.
• The government or private entity before which the POA will be used, which can verify its validity when needed.

Verifying a POA’s validity before using it helps avoid legal issues and ensures its acceptance and the completion of the transaction with the relevant authorities. If you have any questions about a POA in Dubai, or need to issue, notarize, or verify one, INSTANT POA handles all the procedures on your behalf, quickly and accurately.

Cancelling a Power of Attorney in Dubai

The principal has the right to cancel a POA in Dubai whenever they wish, provided there are no legal restrictions or third-party rights preventing cancellation. The cancellation must be carried out through the proper legal procedures, to ensure the agent stops exercising the authority granted to them.

Official Cancellation Procedures

• Submitting a cancellation request to the relevant authority, such as the notary public.
• Completing the required documents.
• Issuing an official document cancelling the POA.
• Notifying the agent and any authorities before which the POA was used, when necessary.

When Should a Power of Attorney Be Cancelled?

• When the purpose for which the POA was issued has been fulfilled.
• When the relationship between the principal and agent has ended.
• When there is a wish to change the agent or amend the authority granted to them.
• When the POA is no longer needed.

It is always advisable to avoid using a POA after its intended purpose has ended or the legal circumstances have changed.

Cost of a Power of Attorney in Dubai

The cost of a POA in Dubai varies depending on the type of POA, the nature of the transaction, the notarizing authority, and any additional services required, such as extra paperwork or legal translation when needed. For this reason, a single fixed fee cannot be given for all types of POAs — the cost is determined based on each case and its specific procedures.

The cost of a POA typically includes government notarization fees, and additional fees may be added depending on the type of service, such as drafting the POA wording, legal translation when required, or e-notarization services if needed.

Factors affecting the price:

• The type of POA (general or special).
• The nature of the transaction and the authority granted to the agent.
• The applicable government fees.
• The need for a legal translation or additional supporting documents.
• The notarization method (electronic or in-person).
• Additional services, such as drafting the legal wording or pickup-and-delivery.

It is always advisable to check for updates on fees to understand the full costs before submitting documents for notarization.

Drawbacks and Risks of a General Power of Attorney

The authority granted to an agent under a general POA is often broad, allowing them to manage many transactions on the principal’s behalf. For this reason, it should be issued carefully and cautiously, and only to a trusted person, since a general POA can pose a legal risk if the granted authority is misused or not clearly and explicitly defined from the outset.

Drawbacks of a general power of attorney:

• Granting the agent broad authority that could be used unintentionally.
• The possibility of the POA being misused beyond its intended purpose, or the agent exceeding the required authority.
• Difficulty stopping certain actions once completed, if they were legally valid.
• Exposing the principal to financial or legal risks when an unsuitable or untrustworthy agent is chosen.

When does a general power of attorney pose a legal risk?

• When authority is granted without precisely and clearly defining its scope.
• When an untrustworthy or unfamiliar agent is chosen.
• When the POA is not cancelled after its purpose and need have ended.
• If the POA is used for transactions the principal no longer wishes to carry out.

For this reason, it is always advisable to carefully review the wording of the POA, clearly define the required authority, and cancel it once its intended purpose has been fulfilled. To avoid choosing a type of POA that doesn’t suit your needs, or making mistakes that could delay or reject your transaction, rely on the expertise of INSTANT POA — contact us now and leave the rest of the procedures to us.

When Is a Power of Attorney Void in the UAE?

A power of attorney in the UAE becomes void, or its legal effects end, when one of the situations stipulated by law or set out in the POA contract itself occurs. Once a POA ends, the agent must permanently stop exercising the authority granted to them, unless a legal provision or agreement states otherwise.

A power of attorney in Dubai ends when one of the following occurs:

• Completion of the task or purpose for which the POA was issued.
• Expiry of the agreed-upon term, if the POA is time-limited.
• Cancellation of the POA by the principal, in accordance with legal procedures, when permitted.
• Death of the principal or agent, or either losing legal capacity, in the cases determined by UAE law.
• A judicial ruling or legal cause leading to the termination of the POA.

Frequently Asked Questions