Personal Power of Attorney in Abu Dhabi

A Personal Power of Attorney is a legal instrument that delegates authority from one person to another. In Abu Dhabi, a POA can be either:

1. General Power of Attorney

This gives the Agent broad authority to handle almost all of the Principal’s personal and financial affairs. This includes managing bank accounts, real estate, and legal matters. It is a comprehensive document and should be used with extreme caution.

2. Special Power of Attorney 

This is a more common and often safer option. It gives the Agent authority to perform one or more specific tasks only. For example, it could be for selling a particular car, collecting a single debt, or representing the Principal in a specific court case.

Abu Dhabi also recognizes specific categories like:

• Property-related POA: Buying/selling property, renting, mortgage, etc.
• Litigation POA: Authorizing a lawyer to represent in courts
• Marriage POA: To contract a marriage if one party is absent.

Under Abu Dhabi law, a POA is governed by the Federal Law No. 5 of 1985 (UAE Civil Transactions Law) and requires the express consent of the Principal. The law ensures that the POA clearly states the exact powers given to the Agent to prevent any abuse of power.

A POA is not valid in Abu Dhabi unless it has been officially notarized by the Abu Dhabi Judicial Department. Notarization can be done in person, via online ADJD e-notary service, or at UAE embassies/consulates abroad.

To issue a Personal Power of Attorney in Abu Dhabi, both the Principal (the person giving the power) and the Agent (the person receiving the power) must meet specific eligibility criteria.

For the Principal: 

The person granting the Power of Attorney must meet certain legal and personal requirements.

1. Age: The Principal must be at least 21 years old (Hijri Years).
2. Legal Capacity: The Principal must have a sound mind. This means they must fully understand the purpose of the document, the powers they are granting, and the potential consequences.
3. Willing Consent: The Principal must sign the POA out of their own free will, without any force or pressure from others.
4. Identification: The Principal must have a valid form of identification, such as an Emirates ID (for residents) and a passport.

For the Agent:

The individual receiving the authority must also fulfill specific eligibility conditions.

1. Age: The Agent must also be at least 21 years old (Hijri Years).
2. Legal Capacity: The Agent must have a sound mind and the ability to understand and fulfill their duties.
3. Relationship: The Agent can be a family member, a friend, or a legal professional. The Principal's choice of Agent is a matter of trust.

Important Note: The POA can only be used for legal matters that can be delegated. It cannot be used for highly personal acts, such as taking an oath, getting married (a special POA for marriage is required), criminal cases, highly personal religious obligations, or testifying in court.

A Personal Power of Attorney in Abu Dhabi must be issued through the official channels to be legally valid. The primary authority for this is the Abu Dhabi Judicial Department (ADJD).

Where to Go:

You have multiple options for notarizing your POA, both in person and online.

• ADJD Notary Public Offices: The Principal must sign the POA in front of an ADJD Notary Public. These offices are located in the main Judicial Department building and other branches across Abu Dhabi, including Al Ain and the Western Region.
• Smart Notary System: The ADJD offers a "Smart Notary" service, which allows individuals to notarize a POA online via video conference using the UAE Pass. This is a convenient option for residents who cannot visit an office in person. Although it is valid for both residents and citizens, not all POA types may be available online (e.g., certain property-related POAs may still need in-person notarization).
• UAE Embassies (for residents abroad): If you are a UAE national or resident living abroad, you can issue a POA by visiting a UAE Embassy or Consulate in that country. The POA must then be sent to the UAE for further attestation by the Ministry of Foreign Affairs and International Cooperation (MOFAIC). After this step comes the involvement of ADJD for final notarization.

How to Get a Personal POA In Abu Dhabi?

Follow these key steps to legally draft, sign, and notarize your Power of Attorney in Abu Dhabi.

1. Prepare the Draft: The POA document must be drafted, either by yourself or, more commonly, by a legal consultant. The draft must clearly state the type of POA (General or Special), the names of the Principal and Agent, and the specific powers being granted.
2. Make an Appointment: It's often a good idea to book an appointment with a Notary Public office to avoid long waiting times.
3. Personal Appearance: The Principal must personally appear before the Notary Public to sign the document. The Notary will verify the Principal's identity and ensure they are signing willingly.
4. Notarization: Once signed, the Notary Public will affix their official stamp and signature, making the POA legally binding in Abu Dhabi.

To issue a Personal Power of Attorney in Abu Dhabi, the Principal must have all the necessary documents ready. Having everything in order helps to make the notarization process smooth and fast.

For the Principal (The person giving the power):

These are the essential documents the Principal must present for identity verification and POA processing.

1. Original Emirates ID
2. Original Passport (Required, especially if you are a non-resident)
3. Copy of the POA Draft

For the Agent (The person receiving the power):

The Agent’s details and documents are required to complete and validate the POA draft.

1. Copy of Emirates ID
2. Copy of Passport
3. Full Details (Full name, nationality, and contact details)

Important Notes: Keep these key legal and language requirements in mind to avoid delays during notarization.

• Originals Required: The Notary Public will need to see the Principal's original ID documents to complete the notarization.
• POA Draft: The POA draft must be in Arabic or have an official legal Arabic translation. The ADJD only accepts documents in Arabic for notarization.
• Foreign Documents: If any document (e.g., a foreign ID) is part of the process, it may need to be officially translated and attested.

To be accepted for notarization by the Abu Dhabi Judicial Department (ADJD), a Personal Power of Attorney must meet specific language and formatting standards.

1. Arabic is Mandatory: The official language for legal documents in Abu Dhabi is Arabic. Therefore, the POA document must be in Arabic.
2. Legal Translation: POA drafted in another language, such as English, must be officially translated into Arabic by a certified legal translator approved by the UAE Ministry of Justice. Both the original non-Arabic document and the official Arabic translation must be presented to the Notary Public.
3. Clear & Legible: The document must be printed clearly and be easy to read. Handwritten POAs are generally not accepted.
4. Proper Format: The POA must follow a standard legal format. It should include:
   • Title: Clearly state "Power of Attorney."
   • Parties: Full names, nationalities, and ID numbers of the Principal and Agent.
   • Purpose: State whether it is a General or Special POA.
   • Powers: List the specific powers being granted in a clear and detailed manner.
   • Duration: State a specific expiry date if a limited duration is intended.
   • Governing Law: Mention that the POA is governed by the laws of the Emirate of Abu Dhabi and the UAE.
   • Signature Space: Dedicated spaces for the Principal's signature and the Notary Public's seal and signature.

It is highly recommended to seek professional legal assistance to draft the POA. A legal consultant will ensure the document meets all ADJD standards and contains the correct legal wording to be effective.

Here is a simple step-by-step guide to get a Personal POA in Abu Dhabi, whether you're a resident or using the online service.

Step 1: Decide on the POA Type and Powers

• Determine if you need a General POA (for broad authority) or a Special POA (for specific tasks).
• Clearly list the exact powers you want to give your Agent. For example: "To sell my car, model X, with VIN Y," or "To manage my bank account with account number Z."

Step 2: Choose Your Agent & Gather Documents

• Select a trusted person to be your Agent.
• Gather your own original Emirates ID and passport.
• Get a copy of your Agent's Emirates ID and passport.

Step 3: Draft the POA Document

• It is highly recommended to work with an Abu Dhabi-based legal consultant to draft the POA to ensure it meets all legal standards and is written correctly in Arabic.
• Alternatively, you can use a standard template, but be sure to customize it carefully with your details and powers.

Step 4: Book an Appointment (or Use Smart Notary)

• Book an appointment online with an ADJD Notary Public office.
• Alternatively, you can start the process online via the Smart Notary service using your UAE Pass.

Step 5: Notarization & Signing

• In-person: Go to the ADJD Notary Public office with your original ID and the POA draft. You will sign the POA in front of the Notary Public.
• Online: Log in to the Smart Notary portal, upload your documents, and complete a video conference with the Notary Public for verification and signing.

Step 6: Receive the Official POA

• The Notary Public will stamp and sign the POA.
• You will be given the official, legally binding POA document, which your Agent can then use.

Remember that residents and non-residents can both obtain a POA. Non-residents usually appoint a lawyer or relative in Abu Dhabi as Agent.

The Fees & Timeline for a Personal POA in Abu Dhabi are generally straightforward, but the total cost can vary depending on whether you use legal services.

Here’s how much time getting a Personal POA in Abu Dhabi will take:

Important Tip: The most time-consuming part of the process is often the preparation and drafting of the document. Having a clear idea of the powers you want to grant before you begin will make the entire process much faster and more efficient.

A Personal Power of Attorney in Abu Dhabi usually doesn’t last forever. You have the right to cancel (revoke) or modify it at any time, as long as you are of sound mind.

How to Cancel a POA?

1. Draft a Revocation Document: Prepare a new legal document that explicitly states your intention to cancel the original POA. This document should mention the details of the original POA (date, Notary Public number, etc.).
2. Notarize the Revocation: The Principal must personally appear before an ADJD Notary Public and sign this revocation document. The Notary will stamp it, making the cancellation official.
3. Inform the Agent: It is crucial to formally notify your Agent that their authority has been revoked. Provide them with a copy of the notarized revocation document.
4. Inform Relevant Authorities: You should also notify any banks, government departments, or other entities where the Agent may have used the POA to prevent them from taking any further action.

How to Modify a POA?

To modify a POA, you cannot simply change a few words on the original document. You must cancel the original POA and then issue a completely new POA with the updated powers or details.

You can also issue a limited POA or restrict powers, which is worth noting.

Important Note: A POA is automatically cancelled upon the death of either the Principal or the Agent, or if the Principal loses their legal mental capacity. The right to modify or revoke a POA is a key legal protection for the Principal.

If you need to use your Personal Power of Attorney from Abu Dhabi in another country, it must undergo a mandatory process called attestation and legalization. Without these steps, the POA will not be recognized as a valid legal document abroad.

The process involves a chain of official stamps:

1. Notarization: First, the POA must be notarized by the Abu Dhabi Judicial Department as usual. This is the initial step that makes it a valid document within the UAE.
2. MOFAIC Attestation: Next, the notarized POA must be taken to the UAE's Ministry of Foreign Affairs and International Cooperation (MOFAIC) for attestation. MOFAIC will verify the Notary Public's signature and seal.
3. Embassy Legalization: After MOFAIC attestation, the document must be legalized by the embassy or consulate of the destination country (where the POA will be used) in the UAE. The embassy will add its official stamp, confirming that the document is valid for use in the country.

Example:

• You need to sell a property in the UK using a POA from Abu Dhabi.
• You get the POA notarized by ADJD.
• You get it attested by the UAE MOFAIC.
• You get it legalized by the British Embassy in Abu Dhabi.
• Finally, the POA is ready to be sent to the UK for legal use.

This multi-step attestation process ensures that the document's authenticity is verified by all relevant authorities. It is a time-consuming but essential process for international legal matters.

Before accepting a Personal Power of Attorney from an Agent, it is very important to verify that it is active and valid. This protects you from fraud or from dealing with an Agent whose authority has been revoked.

There are two primary ways to verify a POA issued by the Abu Dhabi Judicial Department:

• ADJD Online Verification Service:

  • The Abu Dhabi Judicial Department provides an official online service to verify the validity of any notarized document, including a POA.
  • You can visit the ADJD website and enter the POA's notarization number (which is stamped on the document).
  • The system will confirm if the POA is still active and valid. This is the most reliable way to check.

It’s crucial to keep in mind that not all POAs are public-access verifiable online (sometimes restricted to parties involved).

• Directly with the Notary Public:

  • If you have a physical copy of the POA, you can contact the ADJD Notary Public office directly and provide them with the notarization details.
  • They can check their records to confirm the POA's status.

Important Checks to Perform:

• Check the Expiry Date: Look for any specific expiry date mentioned in the document.
• Check for Revocation: The online ADJD system will tell you if the POA has been cancelled.
• Check ID: Always verify that the Agent's ID matches the details listed in the POA.
• Check the Powers: Read the POA carefully to ensure the Agent has the specific authority for the transaction you are dealing with. A General POA might be valid, but you still need to confirm that the agent is authorized to perform the transaction (e.g., if there's a restriction for them to sell a specific property).

Always take the time to verify a POA before proceeding with any legal or financial transactions.

A Personal Power of Attorney can be used in some family law matters, but the rules are very specific due to the personal nature of these issues. These rules apply in Abu Dhabi’s civil courts (for non-Muslims). For Muslims, Sharia-based rules may differ.

In Dubai/other emirates, family law POA rules may differ since Abu Dhabi has a dedicated Civil Family Court.

• Civil Marriage:

  • A POA can be used for civil marriage in Abu Dhabi under the new Civil Family Law.
  • The POA must be a Special Power of Attorney specifically for the marriage ceremony.
  • It must clearly state the names of both people getting married and explicitly authorize the Agent to sign the marriage contract.
  • The Principal (the person giving the POA) must still be of sound mind and willingly consent to the marriage.

• Divorce:

• A POA can be used to initiate or manage a divorce case in Abu Dhabi.
• The POA should be a Special Power of Attorney for a divorce.
• It must grant specific powers, such as:
  • Filing the divorce case on behalf of the Principal.
  • Attending court hearings.
  • Hiring lawyers and signing legal documents.
  • Representing the Principal in settlement negotiations.

• Child Custody:

• • A POA cannot grant final child custody to a third party. Child custody is a matter decided by the court based on the child's best interests.
  • However, a Special POA can be used to represent a parent in a child custody case. This allows a lawyer or another trusted person to attend hearings and present arguments on the parent’s behalf.
  • The POA must be very specific about the powers granted for the custody case and cannot delegate the parents' fundamental rights to the child.

Important Note: Because these matters are highly personal and emotional, the courts will always be cautious when a POA is used. It is essential to use a highly specific Special POA and work with a qualified family law attorney in Abu Dhabi.

While a Personal Power of Attorney is a useful tool, it comes with risks. However, Abu Dhabi law provides important legal protections for the Principal to mitigate these risks.

Risks:

1. Agent Misuse: The biggest risk is that the Agent might abuse the powers you have granted. A General POA carries a higher risk than a Special POA.
2. Fraud and Forgery: An Agent might try to use a revoked POA or forge a POA to conduct unauthorized transactions.
3. Lack of Oversight: It can be difficult to monitor an Agent’s actions, especially if you are living abroad.

Legal Protections for the Principal:

1. Notarization Requirement: By requiring notarization, the ADJD ensures the Principal's identity and mental capacity are verified, protecting against forgery and coercion.
2. Right to Revoke: The Principal has an absolute right to revoke the POA at any time. This allows you to quickly cancel an Agent's authority if you have any concerns.
3. Strict Language Requirements: The requirement for the POA to be in Arabic and to clearly state its powers prevents misinterpretation and limits the Agent to only the actions you intended.
4. Special POA Preference: The legal system generally encourages the use of a Special POA for specific transactions, as this limits the Agent's power and is a much safer option for the Principal.
5. Legal Liability: An Agent who acts outside of the authority granted in the POA can be held legally and financially liable for any losses they cause. You can file a civil or criminal case against an Agent for misuse of power.
6. Verification: The ADJD’s online verification system allows you or any third party (like a bank or government department) to confirm that the POA is still active before acting on it, providing a crucial layer of security.

Best Practice: To minimize risks, always choose a trustworthy Agent and opt for a Special Power of Attorney whenever possible. Consulting with a legal professional to draft your POA is the best way to ensure it includes all necessary protections and is legally sound.