Creating a POA involves several steps, from drafting the document to attestation and registration. Let’s break down the process to get a Power of Attorney:
Step 1: Decide the Type of POA Needed
Before proceeding, it’s crucial to determine which type of POA suits your needs, whether it’s a general or special POA. For instance, if you want to allow someone to handle your business affairs, a Business Power of Attorney may be appropriate.
At the same time, for personal matters, such as healthcare or property transactions, a Personal Power of Attorney would be ideal.
Step 2: Draft the Power of Attorney Document
The next step is to prepare the POA document. This document should include:
- Principal and agent details: Name, address, and identification of both parties.
- Scope of authority: What tasks the agent can perform.
- Effective date: When the POA takes effect.
- Duration (if applicable): How long the POA will remain valid.
- Signatures: Both parties must sign the document.
For a Power of Attorney example, you should refer to a POA template available online. However, it’s always wise to consult with a legal professional, like SafeLedger, to ensure the document is correctly drafted.
Step 3: Notarization and Legalization
Once the POA document is drafted, it needs to be notarized. Notarization is typically done at a public notary, but in some cases, a private notary in Dubai may suffice. Here’s how the process works:
- Public Notary: In most cases, you will need to go to a UAE public notary. The notary will verify the identities and the validity of the document.
- Private Notary (Dubai): Some areas, like Dubai, allow POA notarization through private notaries or online services.
- Online Notarization: In some cases, you can use online services for notarization through notary platforms such as Dubai Courts or ADJD. However, this depends on the type of POA required and its intended use.
To learn more about which authority handles business POAs, especially in Dubai, check out our detailed blog on “Which Authority is Responsible for Business POA in Dubai?”
Step 4: Attestation Requirements
After notarization, your POA may require further attestation:
- Ministry of Foreign Affairs (MOFA): If the POA is for use outside the UAE, you may need to get it attested by the Ministry of Foreign Affairs.
- Ministry of Economy (MOE): For commercial POAs, such as those used for business purposes, attestation by the Ministry of Economy may be required.
Step 5: Registration (If Applicable)
Certain types of POAs, like Property POAs, may require registration with the relevant authorities. For example, if the POA is to be used for property transactions, it must be registered with the Dubai Land Department.
If you need guidance on drafting a general Power of Attorney, you can check out our blog on “How to Draft a General Power of Attorney in the UAE”.
Validity and Renewal
The validity of a POA in the UAE depends on the type and the terms mentioned in the document. Some POAs are valid indefinitely, while others may have an expiration date. For example:
- Property POA in Dubai is valid for up to 2 years.
- A non-lawyer relative’s POA for litigation in Abu Dhabi lasts 4 years.
- A lawyer’s POA for litigation in Abu Dhabi lasts up to 5 years.
It’s important to keep track of your POA’s validity and renew it if necessary. If the POA is linked to specific transactions or events, it may expire once the task is completed.
When planning authority and responsibilities over time, it helps to compare POAs with other legal instruments used for long-term planning, such as wills, as outlined in this guide on Power of Attorney vs. Will.
How Long Does it Take to Make a Power of Attorney in the UAE?
The POA process can be completed relatively quickly, especially if you’re using an online notarization service. In general, it takes 2 to 3 business days to notarize the POA. If the POA involves property, it might require a few extra days for registration.
If you want to know more about validity, check out the blog on “How Long a Power of Attorney is Valid?”
