A special power of attorney (SPA) in UAE is a legal and valid document that gives a person or entity written authority in making decisions on behalf of someone. The document is often used by those who plan on going abroad and there is a need for someone else to have the authorization in looking after personal affairs in his/her absence.
Steps to get a Special Power of Attorney in Dubai
Step 1: Understand what a Power of Attorney is
In general, your power of attorney will give a different person/entity the right in making decisions on your behalf. With a power of attorney in UAE, regardless of its type, the person who is receiving authorization is referred to as the agent. The person who is sharing rights is referred to as the principal in the legal document. If a special power of attorney you will create is going to grant rights to your son or daughter to make decisions for you while you’re indisposed or unavailable, you’re the principal while your son/daughter is the agent.
Whatever rights provided to an agent are to be detailed in the SPA document. As you will be creating a special power of attorney in Dubai, the rights should be specific rather than broad as what you need is a rather limited arrangement. Beyond the SPA’s scope of rights it assigns, there is also the question of when it becomes effective, as well as how long it is going to remain in force. Both will be entirely up to you, although it is advised to seek the expert advice of legal professionals before you make any decision.
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Step 2: Discuss with the relevant Parties
At this point, you’re already aware of the exactly what you need from your agent. Maybe you are worried about your finances and you need someone trustworthy to make payments for you while you travel the world for an entire year. Regardless of the situation, you have to discuss with your agent as he/she has to agree with the conditions you’ve set. If you don’t know how an agent will react, be delicate with how you’re presenting the concept. Talk through the major and minor points and make sure that there is a shared understanding on the rights that all parties have.
Step 3: Talk to a Lawyer
The laws that govern special powers of attorney in UAE and across the globe vary. For that reason, it is highly advised that you talk to a seasoned attorney and ask for help in drafting the SPA document. This way, your agreement reflects your needs and lend you and your agent sufficient protection. Your chosen legal professional can also provide you and your agent a detailed review for the rights that are granted by the legal document. Don’t forget to ask for scenarios in which your rights may be used.
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Step 4: Create the document
The next step is documenting the arrangement you have with the other party in the actual special power of attorney document. A qualified attorney, as mentioned earlier, can help draft the document for you. The document should outline explicitly the scope of rights awarded to you and the other parties involved, the exceptions to the rights, and the factors which can cause your special power of attorney in Dubai to become invalid.
Take note: it is not a good idea to use the simple and generic power of attorney documents found online. They can help if you have no other choice, but remember that they are generic. Generic language can prove to be incredibly problematic in a legal situation. Also, it might not address your situation effectively. If your special power of attorney is contested for whatever reason, the form that you have downloaded online for free won’t hold up in court or to legal scrutiny.
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Step 5: Meet with a public notary for the document signing
This is to execute your special power of attorney in Dubai. All relevant parties, the principal, the agent, and the witnesses, are to sign the document. The document has to be signed in the presence of a public notary in Dubai to be legally binding. If a party to the agreement has already signed the SPA period to the meeting with a public notary in Dubai, then another unsigned document will be required.
A public notary in Dubai can’t notarize a document that is already signed. Make sure that you bring with you the acceptable identification documents to show to the notary public in Dubai. This will allow the notary to verify identities of the signatories.
If a notary is a party to the agreement (either the agent or the principal), he/she is prohibited from carrying out the document notarization.
For more information on the matter, call us here in Notary Public Dubai today!
Hassan Humaid Al Suwaidi is a UAE Citizen and the founder of the firm HHS Lawyers. He has a vast experience of 20 years of dealing with high-value and complex notary requirements. Hassan has been involved in some of the largest legal settlements in the UAE and is commended for his ability to attain the most favourable outcomes for his clients.
