People who reside in a country whose assets are located within the same country are able to appoint local agents or attorneys-in-fact. A power of attorney (POA) is used in appointing a representative should you wish to travel abroad but you need someone in looking after your affairs for you.
However, those who have assets such as properties abroad, specifically in UAE, will need the appointment of an agent who’s familiar with UAE regulations. Unless you’re willing in traveling to and for UAE constantly in order to manage your affairs every single time, it’s generally best if you create a power of attorney to have an overseas agent helping you manage your assets. There are a lot of situations wherein overseas POAs are useful. This includes the following:
- Foreign corporate transactions;
- Overseas inheritance cases;
- Cross-border litigation cases;
- Overseas property transactions
People that reside in several different jurisdictions all throughout the year need to consider as well appointing a different agent or attorney-in-fact for every location.
Read also: Power of Attorney Abuse
Steps to enforce an overseas POA in UAE (Power of Attorney Overseas)
Step 1: Create the power of attorney.
When it comes to drafting legal documents such as a power of attorney, it is a good idea to seek the expertise of legal professionals. If you’ve decided that there is no need for you to use a lawyer in preparing a power of attorney, you’re going to have to pay close attention to the language you use in the document. A single error, including generalization to the duties and powers of an authorized agent, will cost you a lot of stress and money down the line. With the drafting of the overseas power of attorney, you’d also have to choose the kind of POA you’ll need. Review your document many times to ensure that you have described the purpose of the document.
Step 2: Sign the document before a public notary.
A power of attorney has to be certified by a public notary in UAE in order for it to be considered legal in the eyes of the law. The notary will ensure that you are signing a power of attorney in complete capacity and free will.
Step 3: Get the necessary authentications.
The Ministry of Foreign Affairs in the country where you created the POA, the embassy of the UAE in the country where the POA was issued, and the UAE Ministry/Department of Foreign Affairs all have to attest the power of attorney before it will be enforced in the UAE.
Depending on the language that was used in the document, you may have to translate the document to Arabic. The official translation must be done by an official translator certified and licensed with the UAE Ministry of Justice. Your document’s translation includes the contents and the seals or stamps affixed in it during the attestation process. As soon as you’ve completed the translation of your POA, the ministry will be providing you with an official translation that contains the ministry’s letterhead, seal, and stamp.
Read also: Types of Power Attorney & When You Need One?
Should I appoint an agent that resides in UAE?
The appointment of an attorney that is based in the UAE where your assets or affairs are required in getting sorted would be the most straightforward and affordable way in ensuring you are able to protect your own interests. A lot of people are able to carry out their own work in several different locations across the globe. However, this always proves to be the expensive route. With an international or overseas power of attorney used in UAE, you will have an authorized representative managing your affairs on your behalf.
There are several different kinds of overseas POAs that can be enforced in the country. This includes:
- A general power of attorney – a general POA gives permission to another person in making the decisions and signing the documents of another person.
- Lasting power of attorney – for this kind of power of attorney, someone is appointed in order to deal with financial and property-related matters and/or carry out welfare and health decisions on behalf of another person should that individual lose his or her mental capacity.
Read also: True Copy Attestation Guide
Overseas power of attorney in UAE
To those who live in a country with interests in UAE, it’s in your best interests to arrange an overseas POA for your UAE-based agent. This is most especially true for those who are not able to travel to maintain their own affairs. Take note: a power of attorney has to undergo the witnessing and attestation processes of several different governmental bodies in order to be enforceable in UAE. This is where we can help you with! At Notary Public Dubai, you won’t have to worry about long lines and red tape in order to enforce an overseas POA. Contact us and we’ll take care of the whole process for you!