Personal Power of Attorney in Sharjah

A Personal Power of Attorney is a written, legally binding document that creates an agency relationship. The Principal defines the specific powers and scope of authority they are delegating to the Agent.

In Sharjah, like in the rest of the UAE, a Power of Attorney (POA) is primarily categorized into two types:

• General Power of Attorney (General POA):

This grants the Agent broad authority to handle almost all of the Principal’s personal and financial affairs, such as managing bank accounts, buying or selling property, and representing them in legal cases. A General POA should be used with extreme caution due to the extensive powers it grants.

• Special Power of Attorney (Special POA):

This is a more common and safer option. It gives the Agent authority to perform one or a few specific tasks only. For example, it might be used to sell a specific car, close a particular bank account, or handle a single inheritance case. The powers are precisely defined to avoid any ambiguity.

The key difference lies in the scope of authority. A POA is not valid in Sharjah unless it has been officially notarized by the Sharjah Judicial Department. Know more about different types of Power of Attorney in the UAE with this detailed guide.

To issue a Personal Power of Attorney in Sharjah, both the Principal (the person giving the power) and the Agent (the person receiving the power) must meet certain legal requirements.

For the Principal:

1. Legal Age: The Principal must be at least 21 years old.
2. Sound Mind: The Principal must have a sound mind and be in full control of their mental faculties. They must fully understand the purpose of the POA, the powers they are granting, and the potential legal consequences.
3. Willing Consent: The Principal must issue the POA voluntarily, without any coercion, force, or undue influence from any party.
4. Valid ID: The Principal must possess a valid Emirates ID (for UAE residents) and a passport.

For the Agent:

1. Legal Age: The Agent must also be at least 21 years old.
2. Competence: The Agent must be legally competent to perform the duties assigned to them in the POA.
3. Identification: The POA document must include the Agent’s full name, nationality, and ID number (Emirates ID or passport).

The POA in Sharjah can be granted to a family member, a friend, or a trusted legal professional. The choice of Agent is a personal decision based on trust.

A Personal Power of Attorney is a versatile legal document that can be used for a variety of personal and legal matters in Sharjah. Some common uses include:

• Real Estate Transactions: Buying, selling, or renting property; signing tenancy contracts; or managing property on behalf of the Principal. For intangible assets like shares, a Share Sale POA comes in handy.
• Banking and Financial Matters: Opening, closing, or managing bank accounts; signing cheques; transferring funds; or applying for loans. Business POAs are also referred to during financial matters.
• Vehicle Transactions: Registering, renewing, buying, or selling a vehicle.
• Litigation and Legal Representation: Appointing a Litigation POA to file a case, attend court hearings, or represent the Principal in legal disputes. In certain scenarios, a Court Case POA is required to present the principal in court.
• Government Services: Handling visa applications, renewing trade licenses, or dealing with various government departments.
• Inheritance: Administering an inheritance on behalf of a beneficiary.
• Police-Related Matters: For situations that need clearance from legal authorities like the police, a Police Clearance POA is filed.

It is important to remember that a POA can only be used for actions that can be legally delegated. It cannot be used for highly personal acts that require the Principal’s physical presence, such as taking an oath, voting in an election, or getting married (a separate special POA for marriage is required).

It is crucial for a Personal Power of Attorney to be officially notarized by the Sharjah Judicial Department (SJD) to be legally enforceable. Here’s how you can get notarizations in Sharjah:

• SJD Notary Public Offices: You must visit a Notary Public office at the main Sharjah Judicial Department building or its various branches.
• Online Notary Services: The Sharjah Judicial Department has an online portal to complete the notarization process remotely. This typically involves a video conference with a Notary Public to verify your identity and intent, and requires you to have a UAE Pass account.
• UAE Embassies and Consulates: If the Principal is residing outside the UAE, they can issue a POA by visiting a UAE Embassy or Consulate in their country of residence. The POA will then need to be further attested by the UAE’s MOFAIC to be valid for use in Sharjah.

Note: For the notarization to be complete, the Principal must physically (or virtually, via a verified online service) appear before the Notary Public. 

To successfully issue a Personal POA in Sharjah, you must prepare a complete set of documents for the Notary Public.

For the Principal:

1. Original Emirates ID (Required for all UAE residents)
2. Original Passport:
3. POA Draft: It must be in Arabic or officially translated into Arabic.
4. Specific Documents (if applicable): For a Special POA, you may need additional documents related to the specific power being granted. For example, for a real estate POA, you might need a copy of the property’s title deed.

For the Agent:

1. Copy of Emirates ID
2. Copy of Passport
3. Full Details: The POA document itself must include the Agent’s full name, nationality, and ID numbers.

Key Point: All documents from outside the UAE (e.g., a foreign ID or certificate) must be officially attested and translated into Arabic to be accepted by the Sharjah Judicial Department.

The process to get a Personal Power of Attorney in Sharjah is straightforward, especially if you have all your documents ready. Here is a step-by-step guide:

Step 1: Draft the POA Document

• Carefully decide on the specific powers you want to grant.
• Draft the POA document in Arabic or hire a legal consultant to draft it and provide a certified legal translation.

Step 2: Prepare Documents

• Gather your original Emirates ID and passport.
• Make copies of your Agent’s Emirates ID and passport.
• Collect any other required documents (e.g., property title deed).

Step 3: Notarization at the Sharjah Judicial Department

• The Principal must personally visit an SJD Notary Public office.
• Present your documents and the POA draft to the Notary Public.
• The Notary will verify your identity and confirm that you understand and agree to the terms of the POA.
• You will sign the POA in the presence of the Notary.

Step 4: Pay the Fees and Receive the POA

• Pay the official notarization fee at the SJD office.
• The Notary Public will then stamp and sign the POA, officially notarizing it.
• You will receive the legally valid and notarized POA document.

Note: For the online notarization service, the procedure is similar, but the notarization and signing are done via video conference.

Clear queries related to the Personal POA in Sharjah by contacting the legal consultants from SafeLedger. With their years of experience and expertise, the team assists in speedy filing and accurate action.

The fees for a Personal Power of Attorney in Sharjah are determined by the Sharjah Judicial Department. The total cost will depend on the type of POA and whether you use a legal consultant for assistance.

The cost of notarizing a POA in Sharjah is often lower than the cost of hiring a legal professional to draft and manage the process. However, the legal professional’s expertise can prevent future legal complications.

A well-drafted Personal Power of Attorney is key to avoiding legal disputes and ensuring your Agent can perform their duties without problems.

1. Language: The POA must be in Arabic. A notarized legal translation is required if the original is in another language.
2. Clarity and Specificity: The document should be clear and leave no room for misinterpretation. Avoid vague language. For a Special POA, list each power individually and with as much detail as possible (e.g., mention the bank name, account number, or property address).
3. Parties’ Details: The POA must include the full legal names, nationalities, and valid ID numbers of both the Principal and the Agent.
4. Duration/Validity: The POA should state whether it is for a limited period or if it will remain in effect until revoked.
5. Scope of Authority: Explicitly state whether the POA is “General” or “Special” and list the specific powers.
6. Governing Law: The POA should state that it is governed by the laws of the Emirate of Sharjah and the UAE.

It is highly recommended to seek professional legal advice to draft your POA to ensure it is compliant with all local laws and protects your interests.

The validity and duration of a Personal POA in Sharjah are important aspects to understand.

• General Validity: A POA becomes legally valid on the date it is officially notarized by the Sharjah Judicial Department.
• Duration: Unless a specific expiry date is mentioned in the document, a POA typically remains valid until it is officially revoked. However, for certain transactions (like real estate), government departments may have their own internal policies regarding the freshness of a POA.
• Automatic Cancellation: A POA is automatically and immediately cancelled upon the occurrence of any of the following events:
  • The death of the Principal.
  • The death of the Agent.
  • The Principal’s loss of legal mental capacity.
  • The specific purpose for which the POA was issued has been fulfilled (e.g., the sale of the property is completed).

Because a POA grants significant authority, it’s a good practice to include a specific expiration date, especially for General POAs, to ensure the Agent’s power does not continue indefinitely.

You have the right to cancel or revoke a Personal POA in Sharjah at any time. This is a crucial legal protection that allows you to take back control of your affairs.

1. Draft a Revocation Document: You must create a new legal document that explicitly states your intention to revoke the original POA. This document should identify the original POA by its notarization number, date, and the names of the Principal and Agent.
2. Notarization: You, as the Principal, must personally go to an SJD Notary Public office and sign this revocation document. The Notary Public will stamp it, making the cancellation official.
3. Notify the Agent: It is legally required to formally notify your Agent that their authority has been revoked. Provide them with a copy of the notarized revocation document to prevent them from taking any further action.
4. Inform Relevant Parties: You should also notify any government departments, banks, or other entities where the Agent may have used the original POA to ensure they are aware of the cancellation.

Important: The cancellation is only effective once the Agent and other parties have been officially notified. Any actions taken by the Agent before they are notified may still be considered valid.

Personal POA from Sharjah might be legally approved in other countries or emirates in the UAE based on different scenario and requirements.

In Other Emirates (e.g., Dubai, Abu Dhabi):

• Yes, a Personal POA issued in Sharjah is generally valid in other Emirates because UAE laws govern the fundamental principles of agency.
• However, some government departments in other Emirates may require a translation into the local court’s official language (usually Arabic, but some may also accept English) or may have their own internal verification procedures. It is always best to check with the specific department in the other emirate beforehand.

For Use Abroad (Outside the UAE)

A POA issued in Sharjah is not automatically valid abroad. It must go through a series of authentication and attestation steps to be recognized internationally.

• Attestation Process:
  1. Notarization: The POA must first be notarized by the Sharjah Judicial Department.
  2. MOFAIC Attestation: The document must then be attested by the UAE’s Ministry of Foreign Affairs and International Cooperation (MOFAIC).
  3. Embassy Legalization: Finally, it must be legalized by the embassy or consulate of the destination country in the UAE.

This multi-step process verifies the authenticity of the document’s stamps and signatures, making it legally binding in the foreign country.

It is crucial to verify the validity of a POA before accepting it. This protects you from fraud and ensures the Agent has the necessary legal authority.

• Sharjah Judicial Department Online: Use the SJD portal to verify a notarized POA by entering its notarization number to confirm validity and status.

• Direct Contact with SJD: Visit or call a Notary Public office to check the POA status in official records if unsure about online verification.

• Third-Party Verification: Banks and government entities may independently verify POAs before taking action.

Always double-check the POA’s notarization number and the Agent’s ID to ensure they match the details on the document.

A Personal Power of Attorney is a vital tool for elderly or medically incapable individuals, but it is subject to strict legal scrutiny to protect them.

• Legal Capacity: The Principal must be mentally sound and fully understand the POA when signing.

• Verification: Notaries may request medical confirmation if mental capacity is in doubt.

• Special vs. General POA: For elderly or medically incapable individuals, a Special POA limits powers to specific tasks and offers better protection.

• Court Guardianship: Mentally incapacitated individuals cannot issue a POA; a family member must seek court-appointed guardianship instead.

The legal system prioritizes the well-being and protection of vulnerable individuals, and all precautions are taken to prevent abuse of a POA.

There are specific situations where a Personal Power of Attorney will not be accepted in Sharjah, even if it is correctly notarized.

• Invalid POA: If the notarization stamp or signature is forged or not authentic.

• Principal’s Incapacity: POA is void if the Principal lacked mental capacity when signing.

• Agent Exceeding Powers: Actions beyond the scope of the POA, e.g., selling property not permitted by a Special POA.

• Expired or Cancelled POA: Becomes invalid if the expiry date has passed or the Principal officially revoked it.

• Death of Principal or Agent: POA automatically ceases upon the death of either party.

• Non-Delegable Acts: POA cannot be used for personal acts like voting, taking an oath, or marriage unless specifically authorized.

• Language/Attestation Issues: Foreign POAs without proper attestation or certified Arabic translation are invalid.