What Are the Different Types of Power of Attorney in the UAE?

A Power of Attorney (POA) is a powerful legal document in the United Arab Emirates. It allows you, the “principal,” to authorize another person, officially the “agent,” to act on your behalf in various matters. Whether a resident, expatriate, or business owner, understanding the types of power of attorney in the UAE is important. A POA helps manage legal and financial matters when the principal is away or cannot act personally.

In the fast-paced UAE, a POA offers a robust solution for everything from property sales to managing business operations. For example, a parent might use a Child Travel Power of Attorney to allow a trusted relative to take their child abroad for school or vacation when the parent cannot travel.

This blog will explore the various types of power of attorney available in the UAE, their specific uses, and the key legal rules you need to know.

When it comes to giving someone legal authority, a POA isn’t a one-size-fits-all document. The type you need depends on the purpose and scope of the authority you’re granting. The UAE recognizes several distinct types, each for a specific purpose.

General Power of Attorney (POA): 

This type gives the agent broad authority to handle a wide range of legal, financial, and administrative matters. General POA includes managing bank accounts, property, and legal cases. Because it grants so much power, you need to have a very high level of trust in your agent.

Special Power of Attorney 

This document limits the agent’s authority to a single, specific task or a few clearly defined tasks. For example, you can use it to allow someone to sell your car or handle a single court case for you. Special POAs‘ limited scope makes it a safer option, as it grants only the necessary authority. 

Property Power of Attorney 

A Property POA is a special type of Special POA that lets an agent handle real estate matters for the principal. This includes buying, selling, leasing, or managing a property. In Dubai, property POAs for sales are strictly limited to 2 years, but POAs for property management, such as leasing, can last longer. In Abu Dhabi and other emirates, rules and timelines may vary, so it is important to check the specific regulations in each emirate.

Vehicle Power of Attorney 

This POA is used to authorize vehicle-related tasks, like selling a car, transferring its ownership, or renewing its registration. Vehicle POA is especially useful for people who are traveling or moving abroad and need someone to handle their vehicle.

Corporate/Business Power of Attorney 

This is a key tool for business owners. It lets a company’s owner or shareholder delegate authority to an employee or a third party to handle business matters. Business POA can include managing bank accounts, signing contracts, or dealing with government departments.

Family-Related POAs

These specialized POAs handle personal and family matters:

• Marriage POA: Authorizes an agent to complete legal marriage procedures for the principal, following Sharia principles and with approval from the relevant Sharia Court.
• Divorce POA: Grants an agent authority to manage divorce-related legal proceedings in accordance with Sharia law and court approval.
• Residency and Employment POA: Enables a trusted person to manage visa and employment-related documents on behalf of the principal.

Medical Power of Attorney (POA) (Healthcare POA)

This document grants a trusted agent the authority to make healthcare decisions on behalf of the principal in the event of incapacity. While less common than financial POAs, it ensures that the principal’s medical wishes are followed, which is especially important for expatriates with no family in the country. 

Inheritance Power of Attorney (POA)

This POA allows an agent to manage inheritance matters, including transferring assets or managing property after the principal’s passing. For example, a person grants a trusted family member an Inheritance POA to handle the distribution of their assets, property, and any legal matters after their death.

Durable Power of Attorney (POA)

A Durable POA is unique because it remains valid even if you lose your mental capacity. In the UAE, to make a POA durable, the document must include specific legal wording to ensure the agent’s authority continues through incapacity.

Police Clearance Power of Attorney 

This POA allows an agent to handle police clearance certificate applications on behalf of the principal. For example, a resident moving abroad gives a Police Clearance POA to a friend, authorizing them to apply for and collect the police clearance certificate on their behalf.

Banking Power of Attorney 

Although this is a type of General POA, banks often require a specifically worded POA for operating accounts, accessing funds, or performing other banking functions. For example, a person grants a Banking POA to a trusted family member, authorizing them to manage their bank account and conduct financial transactions on their behalf.

Litigation/Legal Representation Power of Attorney (POA)

This POA allows a lawyer or legal representative to act on your behalf in the UAE courts. It’s commonly used for litigation and legal cases. For example, an individual facing a legal issue in the UAE grants a Litigation POA to their lawyer to represent them in court proceedings.

Note: If you’re considering which type of POA suits your needs, it’s also important to understand the costs involved. Check out our detailed guide on Power of Attorney Dubai Cost to plan ahead and avoid surprises.

In the UAE, all types of power of attorney are regulated by the Ministry of Justice and notarized at local courts and notary offices in each emirate.

Here are the key requirements for a valid POA:

• Legal Capacity: You must be at least 21 years old and mentally competent when you sign the document. 
• Notarization: A POA must be notarized by an official Notary Public in the UAE. This step legally verifies your identity and consent. Many notaries now offer remote notarization via video call, making the process more convenient.
• Language: The POA must be in Arabic or bilingual English with Arabic as one of the languages. If your document is in English, it must be legally translated into Arabic by a certified translator. This ensures it’s accepted by all government departments.

• POA for Expatriates: If you’re a non-resident, your POA must go through a special process. First, it needs to be notarized in your home country. Then, it requires multiple attestations: by your home country’s Ministry of Foreign Affairs, the UAE Embassy in that country, and finally, the UAE Ministry of Foreign Affairs upon arrival in the UAE.
• Risks and Safeguards: A POA comes with risks, mainly the potential for misuse. To protect yourself, you should:
  • Choose an agent you trust completely.
  • Use a Special POA whenever possible.
  • Include clauses in the POA that allow for easy revocation.

You can and should revoke a POA if it is no longer needed or if you lose trust in your agent. A POA also becomes void under certain conditions.

How to Revoke a POA in the UAE? 

The revocation process is similar to the issuance process. You must draft a “Revocation of POA” document and have it notarized by a Notary Public. You must then officially inform your agent and any third parties (like banks or the Land Department) who hold a copy of the original POA. Many of these services are available online through the Notary Public’s digital platforms.

Here are the conditions under which a POA becomes void:

• Death of the Principal or Agent: The POA is automatically terminated upon the death of either party.
• Expiry of a Specified Time: If the POA was issued for a fixed period, it becomes void after that time has passed.
• Completion of the Task: A Special POA automatically expires once the specific task for which it was created is completed.
• Mental Incapacity: As per the general rule in the UAE, a POA is terminated if the principal loses their legal capacity.

• Role of the Notary and the Court: The Notary Public is the primary authority for both issuing and revoking POAs. In cases of disputes or criminal misuse, the courts play a crucial role. If an agent misuses their authority, they can be held criminally and civilly liable for breach of trust or fraud.

Read More for a Detailed Guide on How to Cancel Power of Attorney in Dubai – this comprehensive guide walks you through each step, from drafting the revocation document to notifying your agent and third parties.

Understanding the different types of power of attorney in the UAE is crucial for legal and financial planning. From the broad authority of a General POA to the specific scope of a Special POA, each type serves a unique purpose. 

By carefully choosing an agent and following the correct legal procedures for drafting and notarizing your POA, you can confidently manage your affairs in the UAE, even from a distance.