AttorneyRegardless of whether it is for a resident or a non-resident, understanding the procedure and requirements beforehand will be greatly beneficial. Here are 5 tips for making a Power of Attorney (POA) in Dubai and Across the UAE to help you get through the process with little hassle and stress:
- Understand the Types of POA
Before proceeding, it is very important to know the types of POAs available in the UAE. There are some:
- General Power of Attorney: This grants broad powers to the attorney regarding acting on your behalf in other matters—managing finance, signing documents, and making decisions.
- Special Power of Attorney: This type will limit the attorney’s powers to only certain actions or transactions, such as selling a specific property or handling a specific business deal.
- Durable Power of Attorney: Continues to be in effect even if you become incapacitated and thus prevents any kind of disruption in the management of your affairs.
- Medical Power of Attorney: This kind of POA lets the attorney make decisions about healthcare for you and this becomes highly significant in medical emergencies.
Knowledge of these types will guide you in the selection of which you will need. For instance, when you need to travel abroad and will require someone to attend to financial matters there, a General POA would be fine. But if you only need someone to perform specific tasks, then a Special POA would be better.
- Drafting the POA Document
The first step in creating a POA starts with drafting the document. These are some of the details involved:
- Language: The POA should be drafted in both English and Arabic. While the English language translation is only recommended, the Arabic language version is mandatory for any legal undertakings. Both the Arabic version and the English version must be accurate and should hold the same meaning.
- Details: You should clearly specify the powers you are granting to the attorney. Be detailed to avoid ambiguity, e.g., if you give power to sell a property, then include a description of the property and conditions.
- Legal Consultation: It would be a very good idea to seek the consultation of a legal professional to ensure the document fully complies with all the legal requirements. A lawyer will also guide you on drafting a comprehensive POA that addresses all elements appropriately and in adherence to the laws of the UAE.
While drafting a POA, the following sections should be incorporated:
- Introduction: Introduce your name, nationality, and address; similarly, introduce the name, nationality, and address of the attorney.
- Powers Conferred: Insert the types of powers you grant to the attorney, such as operating bank accounts, signing contracts, or healthcare decisions.
- Term: Specify whether the POA is for a certain number of years or until a specified event.
- Revocation: Add a clause that would allow you to revoke the POA at any time, provided that you give the attorney written notice of the same.
- Legal Translation
The drafted POA should then be translated into Arabic by a certified legal translator. This is very important because if the POA does not carry an official Arabic translation, the Notary Public will not even acknowledge it. Thus, any translation made should be accurate and fairly represent what the original document intended to convey.
Some basic tips for translation are as follows:
- Engage a Certified Translator: Engage a certified translator from the UAE Ministry of Justice so that it can be accepted by the court.
- Review the Translation: Consider reviewing your translation very carefully to ensure it accurately reflects the original. Any mistake can put you in legal trouble later on.
- Get Certificate of Translation: The translator should issue a certificate of translation, which confirms that the document is a true and accurate translation of the original.
- Notarization Process
The notarization process involves several steps:
- Visit the Notary Public: You are supposed to go to the nearest Notary Public office. In Dubai, Notary Public offices can be found in different parts of the city, including Al Barsha, Al Twar, and the Dubai Courts.
- Submit Documents: Present the original document of POA, with the Arabic translation. You should have with you all necessary identification documents such as your passport and Emirates ID.
- Verification: The Notary Public is going to verify the identity of you and also the content of the document. They may ask you some questions if you understand the POA and why you are executing it.
- Signing: The Notary Public shall witness your signing of the POA; the attorney does not have to be present for this.
- Registration: The Notary Public will register the POA in the court records and keep a copy of the original. Two original copies, one for your record and one for the attorney’s purpose, will be provided to you.
Notarization is a procedure by which the POA is made legal and binding; hence, it may be enforced in the UAE. All the following steps must be executed with care so as to avoid all possible problems.
- Pay the Required Fees
There will also be government fees that go with notarizing a POA in the UAE. Be sure to have enough money set aside to pay these fees.
Here are some more general suggestions regarding fees:
- Check for Updates: Government fees change from time to time, therefore check the latest fee list at the Dubai Courts website or contact the office of Notary Public.
- Prepare for Additional Costs: Here you may need to incur some extra expenses for the translation of legal documents, legal consultation, and other related activities. This should be budgeted well in advance so that any last moment surprise can be avoided.
- Payment Method: Cash and card payment, in general, is accepted at most Notary Public offices. However, it’s worth confirming the type of payment accepted before visiting.
Conclusion
Creating a Power of Attorney in Dubai and throughout the UAE involves a number of steps, commencing with an understanding of the types of POAs, drafting, translation, and then notarizing. Follow these tips to experience a smooth and hassle-free process. Seek help if you need legal advice and be very careful while reviewing all the documents.
How Notary Public Dubai Can Assist You
We at Notary Public Dubai ensure you get total assistance in drafting and notarization of your Power of Attorney. Our professionals will assist you step by step to determine that your POA is in order and fulfills all the prerequisites. Contact us now!