We can break down the journey of creating an SPOA into six clear steps, from the initial idea to the final, usable document.
Step 1: Preparation and Planning
This is the most important thinking stage. Before you draft anything, you must be clear on three points:
- Define the Powers: Be specific about the exact task. “To sell my car” is not enough. It should be “To sell my 2024 Toyota Land Cruiser, VIN: XXXXX, Plate No: XXXXX.”
- Choose Your Agent: Select a person you trust completely. This can be a family member, a friend, or a legal professional.
- Set the Duration: Does the special power of attorney expire? Yes, if you want it to. You can set a fixed date (e.g., “This SPOA is valid until December 31, 2025”) or link it to an event (e.g., “This SPOA expires upon the completion of the property sale”).
Note that real estate sale POAs in Dubai are valid for a maximum of 2 years, and property purchase POAs for up to 5 years, unless otherwise approved.
Step 2: Drafting the Special Power of Attorney
This is the legal writing stage. You can start with a special power of attorney form from Dubai or a template, but you must customize it precisely.
Essential Clauses to Include:
- Principal’s Details: Your full legal name, nationality, and passport/Emirates ID number.
- Agent’s Details: The agent’s full legal name, nationality, and passport/Emirates ID number.
- The Specific Powers: This is the core of the SPOA. List the exact powers you are giving. Use clear, direct, and unambiguous language.
- Validity Clause: State clearly when the SPOA starts and when it expires.
To avoid legal mistakes, it is highly recommended to use professional drafting services. SafeLedger offers expert legal review to ensure your SPOA is drafted correctly, protects your interests, and will be accepted by government departments.
Step 3: Notarization (The Official Signing)
This step makes your document legal. The Dubai Courts Notary Public has a modern online system.
- Translation: First, get your final draft translated into Arabic by a certified legal translator. The final document must be submitted in Arabic or bilingual format.
- Submit Online: You submit the bilingual SPOA draft, your ID copies, and the agent’s ID copy to the Dubai Courts Notary Public’s online portal.
- Attend the “Meeting”: The Principal must attend a video call with the Notary Public. The Notary will verify your identity (by asking you to show your passport to the camera) and ask you to confirm that you understand and agree to the SPOA.
- Receive the E-POA: Once you approve, the Notary digitally signs and stamps the document. You will receive the final, official e-POA by email, usually within the same day.
Step 4: Attestation and Translation
This step is only for international use.
- If using the SPOA in Dubai: You are done at Step 3. The digital, notarized Arabic document is all you need.
- If using the SPOA outside Dubai: Proceed with attestation. You take the notarized SPOA to the Ministry of Foreign Affairs (MoFAIC) and then to the relevant embassy, as described earlier. This is how to get a consularized special power of attorney in Dubai.
Step 5: Registration and Usage
Your agent now has the official SPOA. They can present this document to the relevant authority.
- For property sales, the agent shows the SPOA to the Dubai Land Department (DLD).
- For legal cases, the agent (your lawyer) files it with the Dubai Courts.
- For company matters, the agent presents them to the bank or the economic department.
Dubai’s government departments, including banks and the DLD, fully accept the digital e-POA issued by the Dubai Notary.
Step 6: Revocation or Expiry (Cancellation)
Your SPOA can end in two ways:
- Automatic Expiry: The document expires on the date you set, or once the specific task is finished.
- Revocation: If you change your mind, you must perform a legal cancellation of the special power of attorney. This is not optional.
- Procedure: You must file a “Revocation of POA” document with the Dubai Courts Notary Public.
- Notification: You must officially notify your agent (preferably in writing) that you have revoked their power.
- Inform Third Parties: You must also inform any entity that holds a copy of the SPOA (like your bank) that it is no longer valid.
Safe Ledger can also support you with the legal process of terminating or renewing an SPOA.