Frequently Asked Questions About a Power of Attorney in Dubai

Whether you are an expat managing your property from overseas, a business owner authorizing someone to handle company matters, or simply planning ahead for emergencies, there may come a time when you need to issue a Power of Attorney in Dubai.

A Power of Attorney (POA) is a legal document that allows one person to appoint another person to act on their behalf. Depending on the type of POA, the appointed person may be authorized to handle property transactions, business or company affairs, banking matters, legal proceedings, or personal matters.

To help you better understand how a POA works in the UAE, we have compiled answers to some of the most frequently asked questions. These answers are based on the latest available guidelines and common notary practices in the UAE.

Key Takeaways: Power of Attorney in Dubai

   1) Notarization is mandatory: Notarization of a POA is necessary for it to be considered legally valid and should be done by UAE Notary or an authorized UAE entity. The POA will be rejected by banks and authorities without proper notarization.

   2) It can be created remotely: With the digitalization of UAE government services, POA documents can now be notarized remotely through authorized UAE e-notary services. If the POA is issued outside the UAE, it must be notarized and legalized through the usual attestation process, which may include attestation by the Ministry of Foreign Affairs in the issuing country, the UAE Embassy in that country, and the UAE MOFAIC. If the POA is in a language other than Arabic, it must also be legally translated into Arabic.

   3) The scope should be well defined: UAE authorities and courts carefully consider the wording of a Power of Attorney. Therefore, it is important to clearly define the powers being granted, the assets or matters covered, and the intended validity period. 

The POA should be specific, precise, and unambiguous, as overly broad or vague provisions may lead to delays, restrictions, or challenges in its acceptance and enforcement.

   4) Its validity is not guaranteed automatically: The validity of a Power of Attorney is not automatic or indefinite. A POA should always be properly dated, as undated documents may be rejected by authorities or third parties.

In addition, certain authorities impose specific validity requirements depending on the purpose of the POA. For example, the validity of a POA relating to real property transactions in Dubai is subject to the rules and regulations of the DLD. Therefore, it is important to ensure that the POA complies with the applicable requirements at the time it is intended to be used.

   5) Cancellation of a POA takes place via the following procedure: You should apply to the authorized UAE Entity where the POA was notarized to have your POA canceled. Verbal cancellation is meaningless.

Power of Attorney in Dubai: Frequently Asked Questions

  1) What is a Power of Attorney (POA) in the UAE?

A Power of Attorney (POA ) is a legal document that allows someone to grant powers to another person to act on their behalf in relation to various activities, from personal affairs to properties and business.

   2) When do I need a POA in Dubai?

POA can be required if the person concerned is not available in Dubai or the UAE.

   3) Can a POA be issued for property transactions in Dubai?

Yes, a POA can be issued for any property transaction purposes.

   4) Can I revoke a POA once it has been issued?

Yes, a POA can be revoked at any time prior to its expiry date.

   5) What documents are required to issue a POA in Dubai?

The documents required depend on the purpose and type of POA. In general, valid identification documents such as a passport and an Emirates ID (if UAE resident) for both the principal (the person granting the authority) and the attorney/appointed person (the person receiving the authority) are required.

Additional supporting documents may also be needed depending on the intended use of the POA. 

   6) Do I need to be present for POA notarization?

The person issuing the (POA) may visit a notary public in person to complete the notarization. However, thanks to the UAE’s digitalization initiatives, the POA notarization process can now also be completed online through authorized UAE e-notary services.

     7) Does the POA need to be in Arabic?

Yes, the UAE POA must be available in Arabic text this is the official language in the UAE.

   8) Can someone limit the powers given in a POA?

Yes. The powers granted under a Power of Attorney can be limited and tailored to the specific purpose for which the POA is being issued.

   The principal may restrict the attorney’s authority to certain actions, transactions, assets, time periods, or specific matters. Clearly defining the scope of authority helps ensure that the attorney can only act within the powers expressly granted in the POA.

   9) Can I issue one POA for both vehicle sale and property sale?

Yes, a POA can be issued for both vehicle sale or property sale.

If you are specifically looking to authorize someone to handle a vehicle-related transaction on your behalf, the process involves its own set of rules and documentation. Read our detailed guide on Frequently Asked Questions About Vehicle Power of Attorney in UAE

   10) Can I issue a POA on behalf of a company with an expired license?

Generally, only valid and up-to-date company documents are accepted for notarization. If a company’s trade license has expired, the company details cannot usually be mentioned in the POA, and the POA may need to be drafted in a more general manner.

However, acceptance by government authorities or third parties may still depend on their specific requirements and internal policies.

To issue a POA on behalf of a company, the trade license and supporting corporate documents must typically be valid and current at the time of notarization.

   11) If the validity period of the POA is not mentioned, will it be considered unlimited by default?

Yes, the POA issued without mentioning validity is considered to be unlimited.

   12) What is the maximum validity period of a property purchase/sale power in Dubai?

In Dubai practice, Property Sale POAs can only be valid for a maximum of 2 years while Property Purchase POAs can only be valid for a maximum of 5 years

   13) Can I issue a POA online?

Yes. Power of Attorney documents can be notarized online in the UAE through authorized e-notary services, regardless of where the principal is physically located.

As long as the applicable requirements are met and the identity verification process is successfully completed, the entire notarization process can generally be carried out remotely without the need to visit a notary public in person.

   14) Can I have a POA in hard copy?

In the UAE, POAs notarized through online notary services are usually issued in digital form with a QR code for verification.

You may print the digital copy if needed, but the official notarized document is generally the electronic version issued by the notary authority.

   15) What is a sub-delegation power clause in the POA?

A sub-delegation clause is a provision in a Power of Attorney that allows the appointed attorney to delegate some or all of the powers granted under the POA to another person.

   16) My passport has expired. Can I issue a POA still?

A valid passport is mandatory to issue a POA.

   17) What types of POA are commonly used (personal, general, special)?

The most common types of Power of Attorney in the UAE are:

General Power of Attorney (General POA) – Grants broad powers to the attorney to act on behalf of the principal in a wide range of matters.

Special Power of Attorney (Special POA) – Grants authority for specific acts or transactions, such as selling a property, managing a bank account, representing someone before a government authority, or handling a particular legal matter.

Personal Power of Attorney (Personal POA) – Used for personal and administrative matters, allowing the attorney to act on behalf of the principal in relation to specified personal affairs.

The appropriate type of POA depends on the purpose for which it is being issued and the scope of authority the principal wishes to grant.

   18) How long is a POA valid in the UAE?

The validity of a Power of Attorney depends on its terms and the purpose for which it is issued. A POA may remain valid until it is revoked by the principal, expires according to a specified validity period, or terminates by operation of law.

However, certain authorities may impose their own validity requirements.

   19) Does a POA need to be notarized in Dubai to be valid?

Yes. For a Power of Attorney to be recognized and used in the UAE, it generally must be properly notarized by a competent authority.

Failure to properly notarize and legalize a POA may result in it not being accepted by UAE authorities, courts, banks, or other institutions.

   20) Can a POA be used outside the UAE or internationally?

Yes, a Power of Attorney issued in the UAE may be used outside the UAE, provided it meets the legal requirements of the country where it will be presented. In most cases, the POA must undergo the appropriate legalization or attestation process before it can be recognized abroad.

This includes attestation by the UAE Ministry of Foreign Affairs and, depending on the destination country, attestation by that country’s embassy or consulate.

As requirements vary from one jurisdiction to another, it is advisable to confirm the specific acceptance and legalization requirements of the country where the POA will be used.

   21) Can an attorney appointed under a POA receive sale proceeds in his own name?

Generally, an attorney may only receive sale proceeds if the Power of Attorney expressly grants them the authority to do so and the relevant authority, bank, or third party accepts such authority.

In practice, many institutions and authorities require sale proceeds to be paid directly to the principal rather than the attorney. Additional requirements or restrictions may also apply depending on the nature of the transaction and the policies of the receiving institution.

If the intention is for the attorney to receive sale proceeds on behalf of the principal, this authority should be clearly and specifically stated in the POA.

   22) Can I authorize several individuals as an Attorney?

Yes, A Power of Attorney may appoint more than one attorney to act on behalf of the principal.

The POA can specify whether the attorneys may act jointly (requiring all appointed attorneys to act together) or singly (allowing each attorney to act independently). The principal may also define specific powers for each attorney or impose conditions on how those powers are exercised.

To avoid confusion or disputes, the roles, powers, and manner of representation should be clearly stated in the POA.

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