Table of Contents
What is Power of Attorney?
A Power of Attorney is a formal legal instrument granting authority to another individual, an attorney-in-fact or agent, to act on one’s behalf. This agent can be a family member, a friend, or a qualified professional such as an attorney. The document specifies the scope and nature of the powers delegated, enabling the designated person to make decisions and take actions as necessary in situations where the principal, the person granting the authority, cannot do so. This legal tool facilitates a trusted representative’s efficient handling of important matters.
When is it Appropriate to Establish a Power of Attorney?
Empowering your spouse, children, or a qualified professional to manage your legal and financial matters during your absence.
Granting authority to an employee or subordinate to oversee the financial and managerial aspects of your company in situations where you are unavailable or away from work.
Delegating responsibilities to trusted family members or friends to manage your medical and financial affairs should you face severe illness or physical incapacity.
Authorizing an individual to perform specific tasks at a designated time for a particular purpose.
What are the various categories of Power of Attorney?
A General Power of Attorney confers extensive and unrestricted authority upon your designated agents to manage various aspects of your financial, legal, and personal affairs.
A Special Power of Attorney provides the opportunity to specify and limit the powers granted to your agent within a well-defined scope. For instance, you can opt for a Special Power of Attorney to assign specific responsibilities to your spouse for personal financial matters or real estate management, or to delegate specific business-related tasks to a trusted business partner. This format offers a more tailored and focused approach to delegating authority.
ما هي أنواع توثيق الوكالة القانونية في دبي والإمارات الأخرى في دولة الإمارات العربية المتحدة؟
1- التوثيق الشخصي: For individuals who are currently present in the United Arab Emirates (UAE) and intend to execute and notarize their Power of Attorney (POA), the following procedure can be followed:
Choose the desired POA document from our website and initiate the order.
Our dedicated team will prepare the initial draft for your review and approval, subsequently undertaking the translation of the document into Arabic.
We will facilitate the physical notarization process at a local Notary Public office.
2- التوثيق عن بُعد: If you prefer to notarize your Power of Attorney (POA) remotely, you have the option of utilizing e-notarization, which only requires a valid passport for verification. Here is the procedure:
Begin by selecting the specific POA document you need from our website and proceeding to place your order.
Our team will diligently craft the initial draft of the document for your review and approval, including the necessary translation into Arabic.
We will provide guidance and support for the Remote Notarization process, which allows you to complete the notarization remotely using your valid passport for authentication.
كيف تجري عملية التوثيق الإلكتروني للوكالات القانونية في دبي والإمارات العربية المتحدة؟
As the principal of the Power of Attorney (POA), your participation in a video call with the Notary Public officer is essential. During this virtual meeting, the officer will conduct a thorough identity verification process and review the specific powers and authorizations outlined in the Power of Attorney document to ensure accuracy and compliance with legal requirements.
Where to get started?
The first step is to get your Power of Attorney drafted. Without a doubt, this is the most crucial step. It is important to ensure that your POA is drafted clearly and professionally and precisely conveys your situation. This approach will minimize the risk of POA rejection from third parties and/or government entities at a later stage and will save you time and money. POAPRO provides POA drafting and associated services on time.
How to notarize a Power of Attorney in the UAE?
Once your Power of Attorney (POA) has been meticulously customized to suit your specific needs, it necessitates notarization to validate its legal status.
In the United Arab Emirates (UAE), the notarization of a POA involves a thorough review by a Notary Public, who officially stamps the document as a legally recognized instrument upon the payment of relevant attestation fees. It’s important to note that a Power of Attorney must primarily be in the Arabic language or must have an official translation from any other language into Arabic.
If the POA is issued outside the UAE but is intended for use within the UAE, it should undergo a process of notarization, translation into English or Arabic, and legalization by the UAE Embassy and the Department of Foreign Affairs in the UAE. Alternatively, if the POA originates from a foreign jurisdiction, it should be attested by the respective Consulate or Embassy in the UAE, and subsequently attested by the Department of Foreign Affairs within the UAE.
For a standard personal POA, when presenting the document for notarization before a Notary Public in the UAE, the following documents are typically required:
- Original passport of the principal along with one copy.
- Three copies of the POA that is to be notarized.
- Original Emirates ID of the Principal, along with one copy, if applicable (primarily for UAE residents).
In cases where the Power of Attorney pertains to real estate matters or is executed on behalf of a company, it is mandatory to provide the relevant ownership documents of the property and/or the incorporation documents of the company to the Notary Public.
Should you be executing a Power of Attorney outside the UAE, it is imperative to undergo a legalization process. It’s worth noting that the specific steps involved in the legalization process may vary from one jurisdiction to another.
Who is eligible to act as my representative or attorney-in-fact?
An individual who is designated to act on your behalf through a Power of Attorney is referred to as an agent or attorney-in-fact. Your choice of agent is quite flexible and can include professionals like lawyers or accountants, as well as company managers, colleagues, family members, and friends. The key is to appoint someone you have a high level of trust in. This chosen individual should be at least twenty-one (21) years of age.
If you prefer to have multiple co-agents, either to act individually or jointly or if you want to name a successor in case your primary attorney-in-fact is unable or unwilling to fulfill their duties, you have the option to do so.
It is strongly recommended to engage in a detailed discussion with your chosen agent regarding their role and responsibilities before creating the Power of Attorney. Communicating the duration and limitations of the POA is essential, as it paves the way for a smooth execution of the granted authority and helps prevent potential misunderstandings in the future.
How can you cancel a Power of Attorney or select a new agent?
To revoke a previously granted Power of Attorney or designate a new agent, you have the authority to do so at your discretion, without any specific rationale or justification. The revocation process involves creating a written declaration known as a “Revocation of Power of Attorney.” This revocation must be communicated to your appointed attorney-in-fact.
To formalize the revocation, you are required to sign the Revocation of Power of Attorney in the presence of a Notary Public. Additionally, you can opt to notify your agent through the services of a bailiff associated with the Notary Public, or you may choose to provide notification through registered mail.
When it comes to altering the terms or content of your Power of Attorney, it’s critical to first revoke the existing one. This is necessary because the previous POA may continue to be considered valid unless it is explicitly revoked in writing.
It’s important to note that in the event of the principal’s passing, the Power of Attorney automatically loses its validity. At this point, other estate planning documents, such as a testament, take precedence in guiding the distribution of assets and the fulfillment of the principal’s final wishes.
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