What is the Power of Attorney?
Power of attorney is a legal document or authorized letter that allow you to give the authority to the other person to handle matters related to your personal business, private affairs & some other legal matters and make decisions on your behalf. A person usually makes power of attorney in UAE when he is incapable or otherwise incapacitated to handle affairs personally due to certain reasons.
Why Do You Need Power of Attorney?
The lasting and durable power of attorney in the UAE can give you multiple benefits. When you are incapable to run and deal with your important matters, the one you trust can handle those affairs on your behalf. This way you can keep yourself away from the stress of running those matters. The execution of the strong power of attorney can help you avoid costs, delays, and emotional distress. The person whom you give power of attorney will be able to make financial and other major decisions on your behalf depending upon how much power of attorney is given to him.
What Does a Power of Attorney Cover?
When the Principal is not available due to non-availability or incapability (due to mental or physical illness, being out of the country or any other reason) to handle the matters the Principal then requires the agent. In the event when Principal requires agent the court may themselves involved by ordering a legal Conservatorship or Guardianship for the principal who needs representation.
Special Vs General Vs Lasting Power of Attorney
Special Power of Attorney
The special UAE need power of attorney specifies the special matters and acts that you as a Principal wish your agent to perform on your behalf; the special power of attorney is only limited to those certain and specific acts mentioned and written in the document of power of attorney. It is important for Principal to properly clear in power of attorney about certain acts that agents will be allowed to perform on your behalf and mention that this power of attorney only implies to certain acts and is only limited to those acts.
General Power of Attorney
The general power of attorney allows the agent to manage things and deal with certain affairs on the Principal’s behalf. The general power of attorney in the UAE is limited for a certain period if the Principal is unable to handle matters personally. This usually implies for the time period when the Principal is physically and mentally unable and is not in the country to handle and deal with all matters.
General Power of Attorney has a list of things that give an agent a range of responsibilities and power to make some decisions. However, the list might not be limited to the following:
- Managing of bank matters and other transactions or matters related to a joint bank account
- Filing of tax returns
- Dealing in buying, selling & managing real estate and other properties of Principal
- Entering contracts on the Principal’s behalf
- Claims settling- on behalf of Principal
Lasting Power of Attorney
This power of attorney was created under English Law; the act is known as “The Mental Act of 2005” and was implemented in the year 2007. This act and power of attorney in UAE replaced the enduring power of attorney. This act is for those people who think and believe that soon or after a few years they will not be able to handle their personal affairs and businesses due to mental and physical illness. The acts help them to decide and appoint members from their family, friends, or anyone to make decisions on their behalf.
However, there are no laws in the UAE on the matter related to the lasting power of attorney. The Power of Attorney which is specifically made for a certain time frame only, it will automatically expire when the period comes to an end.
How to Prepare a Power of Attorney in the United Arab Emirates?
There are laws and rules & regulations for every legal matter and for their documentation. The documents required for the power of attorneys should be well prepared and completed. There are different requirements for every type of power of attorney and some may have additional requirements. For example, for selling property the additional document known as the original deed is required for the preparation of power of attorney.
Power of Attorney that is executed outside the UAE
Before executing and using the power of attorney is in another country following must be done:
- Document needs to be attested in the foreign office of that country
- Needs to be signed in front of the notary/magistrate/solicitor in the respective country
- The document needs to be translated into Arabic in the UAE
- The document needs to be legalized by the UAE Embassy in that country
- The document needs to be attested by the Foreign Office in the UAE
- The document also needs to be legalized by the UAE’s Ministry of Justice
Legal Drafting services in the United Arab Emirates for Power of Attorney
There are firms in UAE that offer services in legal drafting and preparation of power of attorney and they also guide you with the complete procedure. The document should be in English and Arabic with complete attestation and stamping before representing in the courts of UAE.
Our firms provide outstanding services for this. Feel free to contact us for any assistance and legal facilitation in the drafting of the Power of Attorney.