There are certain situations when people cannot carry out specified tasks, either because they are not physically present at the scene or for other reasons. However, certain tasks must be carried out by a specific person, such as a family member, a relative or a friend. In certain situations, the person who must perform and carry out an action may appoint a representative (another person) to act on their behalf, in an official capacity, and for a particular objective. It is where a Power of Attorney, or POA, comes into play.
Who can be an agent?
An agent is a person who has been permitted a POA to act on your behalf. A minimum age of twenty-one (21) years is required for the agent. Even more, than one agent may be chosen with a single power of attorney. Since the agent is in charge of carrying out the act, the agent must be selected judiciously. Anyone prepared to serve as your agent may be appointed. However, it is usually advantageous if the agent is a personal friend or a family who has previously engaged in similar activities.
What is Power of Attorney?
A Power of Attorney (or “POA”) is a legal instrument that gives a chosen individual the authority to act in your place concerning problems about your property and company. The most typical legal document in Dubai for either company or personal affairs is a power of attorney.
A Power of Attorney should be a well-thought-out instrument that addresses the person’s current and future financial and personal requirements. A Power of Attorney in Dubai that needs to be more straightforward might be insufficient, necessitating expensive legal fees and challenging processes to complete your objectives.
Therefore, a thorough Power of Attorney drafted by a professional to handle the particular difficulties will be more suitable in the long run, whether in connection with your commercial transaction, family matters, or real estate.
When would one need a power of attorney?
A power of attorney is typically needed when you must conduct business or complete a formal process but cannot do so for one reason or another or when you want someone else to act on your behalf. For instance, if someone needs an attorney to represent them in court, they may give the attorney a Power of Attorney. one more example is a scenario in which the Principal owns a property in the UAE even if they don’t live there. To rent or sell the property, he may provide a Power of Attorney in the name of a friend or business. The Agent or Attorney may formally sign the Sale Agreement or Ejari on behalf of the Principal.
What steps are involved in creating a power of attorney?
A power of attorney must first be written, and then it must be notarized to complete the procedure. When creating a Power of Attorney, the following information must be included:
- What/which act(s) does the Principal want to delegate?
- Who should the Principal select as his or her attorney?
- How long will the Power of Attorney be in effect?
In Dubai, a power of attorney may be granted indefinitely or for a specific time. Go to the notary public and ask to revoke the Power of attorney if you do so in perpetuity or before the predetermined period. As a result, any activities carried out after the cancellation will not impact the Power of Attorney. You can file a civil or criminal lawsuit against the attorney for breach of trust or loss if you think they have misbehaved or in a way that goes beyond what is specified in the contract.
Read more: Power of attorney for gift transfer in Dubai
Power of Attorney for a Friend- Things to Know
Before authorizing a power of attorney for a friend in Dubai, make sure to understand the following six things:
- Anyone of sound mind and at least 21 years old may serve as your attorney per the legal criteria. They could be a member of your family or a close friend, or a professional like an accountant or lawyer.
- A general power of attorney gives your agent vast authority; however, in some circumstances (such as when selling a property), a general power of attorney is not recognized in Dubai. Because of this, it is always preferable to confirm in advance whether a General POA is acceptable in transactions for which you are designating an agent to act on your behalf when you are unable to be present personally.
- A POA generally remains in effect until the Principal revokes it if there is no time restriction. In any case, some powers of attorney in Dubai may only be valid for a short period. For instance, the Dubai Land Department limits the duration of a Power of Attorney for property transactions to two years. Additionally, you can always grant a Power of Attorney for a constrained scope of time or tasks by indicating it in the Power of Attorney itself. A POA is also rendered ineffective if the Principal dies or becomes mentally disabled.
- If you are a resident of the UAE, you must present your original Emirates ID to the Dubai Notary Public to sign a Power of Attorney.
- A title deed, an Oqood Registration Certificate, and a letter of no objection from the developer may be requested at the Notary Public if you are issuing a power of attorney for the sale of real estate property.
- When you sign a power of attorney in Dubai, the Dubai notaries don’t just witness your signature; they also check to see if you are legally capable of signing it. They may also ask for documentation to support your claim. For instance, if you are granting a POA on behalf of a corporation, your powers must be specified in the corporation’s memorandum of association or another POA that the corporation’s legal representatives have granted.
For any query relating to Power of Attorney for a Friend in Dubai, please don’t hesitate to contact Notary Public Dubai.
Syed Hassan Ali has an experience of 13 years and is highly specialized in providing legal consulting for all types of notary requirements. By utilizing his diverse and deep knowledge, he has consistently aided individuals and organizations in finding flexible and timely solutions.