The power of attorney is a legal document that gives the right to an agent to act on behalf of the principal. If the principal (person who is assigning the power of attorney), stays in the same country where the asset is to be handled, then the process is straightforward. However, in case the principal is in some other country and he has to assign an agent to act on his behalf for his assets in the UAE, then it must be ensured that the agent is familiar with the rules and regulations in the UAE. In this article, we will discuss how can one assign a power of attorney to a person who is in the UAE from overseas. Since the documents also need to be notarized by the Notary public Dubai, one must follow the procedure and the rules strictly, to avoid any issues in the future.
Why power of attorney in the UAE is useful for someone who is staying overseas?
The power of attorney is useful for managing the assets in the UAE for a person who is overseas is important in case he cannot travel regularly to the country for managing his assets. In that case, appointing an agent through a power of attorney to handle his affairs in the country is advisable. The situation wherein overseas power of attorney is useful is as follows-
- Foreign corporate transactions
- Inheritance cases
- Litigation cases
- Property transactions
People who have their assets and business in different locations around the world and under different jurisdictions must appoint different agents for each location who are well versed with the laws of that particular region.
Steps to get a power of attorney for someone who Is overseas in the UAE
1. Drafting the document
When there is a plan to draft a legal document like that of power of attorney, it is best to take advice from a legal consultant. This is because the language that is to be used in the document has to be precise and one has to be careful in forming the clauses and terms and conditions of the document. A single error can lead to chaos later on and may result in a lot of stress and loss of money. The document shall be reviewed many times to ensure the purpose of the document is stated precisely and does not lead to any misunderstanding of the agent’s role.
2. Signature on the document before the public notary
A power of attorney must be certified by the Public notary in the UAE for it to be considered legal and executable in the UAE. the notary ensures that the document is being signed incomplete capacity and not under any force. The Notary public Dubai can help you in getting this work done easily.
3. Getting the mandatory authentications
The power of attorney needs to be attested by the Ministry of foreign affairs of the country where the POA was created, the embassy in the UAE where the POA has been issued, and the Department of Foreign Affairs or the UAE ministry all have to attest the power of attorney for it to be made legal and enforceable in the UAE.
If the document was framed in English language, then the same has to be translated to Arabic by the translators. These translators are official translators who have been appointed and licensed by the UAE Ministry of justice. The document bears the contents and the seals or stamps affixed on it during the attestation. As soon as the translation of the power of attorney has been done, the ministry provides us with the officially translated document that has been issued on the ministry’s letterhead with a seal and stamp.
Why appointing an agent who is staying in UAE is important for overseas power of attorney?
The appointment of the agent who stays in the UAE is the easiest and straight forward way to get things sorted. If the assets are in the UAE and one has to manage them here, then the agent living in UAE can be of great help. This is because he knows the rules and regulations of the country thoroughly and can be assigned the task anytime when it needs to be done or when the work becomes urgent and needs immediate action. In case, we do appoint someone residing outside UAE, he/she must be in a position to travel back to the country as and when the situation demands.
The types of POA that can be enforced in the UAE are-
- A general POA- a general POA allows and gives permission to another person in making a decision or sign the documents on behalf of the principal.
- Lasting power of attorney- this kind of power of attorney is used when the principal has lost his mental capacity and the agent has been appointed to handle his financial and property-related matters.
Role of the Notary Public Dubai in legalizing a power of attorney for someone who is overseas
The Notary Public Dubai can be approached anytime in case you are looking for notarizing your power of attorney as well as drafting the same. Our legal experts are always available to solve all your queries and get your POA executed as per UAE law.
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.