A Power of Attorney (POA) in Fujairah is a legally binding document that allows one person (called the Principal) to authorize another person (called the Agent or Attorney-in-Fact) to act on their behalf. The Agent can represent the Principal in specific legal, financial, or business matters, depending on the powers granted in the document.

For example, if you are living abroad, you may authorize an Agent in Fujairah to:

• Sign contracts and legal papers on your behalf
• Sell or purchase property
• Manage your bank accounts and financial transactions
• Represent you in court proceedings

In Fujairah, like other parts of the UAE, there are different kinds of Power of Attorney. Each kind is for a special use:

1. General Power of Attorney (GPOA)

A General Power of Attorney gives the Agent very wide powers. This means the Agent can handle almost all money and legal matters for the Principal. This might include:

• Handling bank accounts.
• Getting money that is owed.
• Buying or selling property.
• Signing many types of agreements.
• Speaking for the Principal in court for different cases.

Since a GPOA gives a lot of power, you should be very careful. Only give it to someone you trust completely. It usually stays valid until you officially cancel it, or the Principal dies, or can no longer make decisions.

2. Special Power of Attorney (SPOA)

A Special Power of Attorney gives the Agent specific, limited powers. It is used for just one task or for a set time. For example, a Special POA might only be used to:

• Sell a specific property.
• Start a new company.
• Speak for the Principal in one particular court case.
• Manage a specific bank account.
• Handle one specific car sale or transfer.

This type of POA ends on its own once the special task is done or after a set time. Using a Special POA is usually safer. This is because it only lets the Agent do what is necessary.

To get a Power of Attorney in Fujairah, you need to get certain papers ready. Having these ready will make the process faster:

• For the Principal (the one giving the power):

  • Original valid Passport.
  • Original valid Emirates ID (if you live in the UAE).
  • Copy of your visa (if you live in the UAE).
  • Sometimes, proof of your home address (like an electricity bill) might be asked for.

• For the Agent (the one getting the power):

  • Clear copy of their Passport.
  • Clear copy of their Visa (if they live in the UAE).
  • Clear copy of their Emirates ID (if they live in the UAE).
  • Sometimes, the original Emirates ID is needed for checking by the Notary.

• Specifics for the POA document itself:

  • Clear details of the exact powers you want to give.
  • Details of any specific item involved (e.g., property number for a property POA, or car registration details for a car POA).
  • If a company is the Principal or the Agent, you will need the company's business license, its main rules, and a paper from its board allowing the POA.

Important: If the POA is about a special item like property or a car, you must give its exact details (e.g., plot number, car's ID number).

To ensure a Fujairah POA is legally real and accepted, it must follow some main rules:

• Principal's Legal Ability: The person giving the POA (the Principal) must be at least 21 years old and able to think clearly. This means they must fully understand what they are signing and the powers they are giving.
• Agent's Legal Ability: The person getting the POA (the Agent) must also be at least 21 years old and able to think clearly.
• Language: The POA paper must be in Arabic. If you write it in English first, an official legal translator must translate it into Arabic. Both the English and Arabic (bilingual ones) are often presented together.
• Clear and Exact Words: The POA paper must clearly and exactly state the powers being given. Confusing words can lead to it being refused or causing problems. For "special actions" (like selling property or opening bank accounts), you need "clear and specific power." This means the exact action must be listed.
• Official Notary Stamp: The Principal must sign the POA in front of a Notary Public at the Fujairah Courts Notary Public office, specifically via the UAE Ministry of Justice is widely used. This step is a must for the POA to be legally valid in Fujairah and the rest of the UAE.
• Official Stamps (for POAs from other countries): If the POA is signed outside the UAE, it needs many official stamps from different places (Foreign Ministry in the home country, UAE Embassy in that country, and finally the UAE Ministry of Foreign Affairs (MOFAIC) in the UAE). Along with that,
  • Attestation by the issuing country’s Foreign Ministry.
  • UAE Embassy in that country.
  • Attestation by MOFAIC inside the UAE.
• No Illegal Acts: The POA cannot give power for anything that is against UAE law.

Following these legal requirements for the Fujairah POA is very important for it to be accepted and real.

Getting a Power of Attorney in Fujairah usually follows a clear process through the Fujairah Courts Notary Public:

1. Draft the POA:

   • First, you write the POA document. It must clearly show the powers you want to give.
   • It should be in Arabic or in English with an official Arabic translation.
   • It's a good idea to use a lawyer or a special service to write the POA. This helps make sure it follows all legal rules and is written correctly.

2. Principal Goes in Person:

   • The Principal (the one giving the power) must go in person to the Fujairah Courts Notary Public office.
   • They will need to show their original ID papers (Passport, Emirates ID for residents).

3. Check Identity and Understanding:

   • The Notary Public officer will check the Principal's identity.
   • They will also make sure that the Principal understands what the POA says and what powers they are giving. This confirms the Principal is acting freely and is legally able to make decisions.

4. Sign and Get Official Stamp:

   • The Principal signs the POA paper right in front of the Notary Public.
   • The Notary Public then puts their official stamp and signature on the paper. This makes the document legally real and valid.

5. Optional: MOFAIC Stamp:

   • For some uses, especially if the POA needs to be shown to a foreign embassy in the UAE or used outside the UAE, it might need another stamp from the UAE Ministry of Foreign Affairs and International Cooperation (MOFAIC) after it's made official. This is an extra step and costs more.

Fujairah, like other parts of the UAE, might have online ways to make papers official through the Ministry of Justice website. This can make the process faster for people who live in the UAE and those who don't. You can sign remotely using a video call.

The Cost of Power of Attorney in Fujairah changes based on the kind of POA and the validity. The main fees are set by the Fujairah Courts Notary Public.

• Official Notary Fees: These are the government fees to make the paper legally valid. For 2024/2025, in UAE courts for POAs:
  • POA valid for 1 year: Around AED 100
  • POA valid for 2 years: Around AED 200
  • POA valid for 3 years: Around AED 300
  • POA with no end date (for use outside the UAE): Can be around AED 1,000
  • For POAs involving a person who can sign for a company: Around AED 500
• Translation Costs: If your POA is written in English, an official translator must translate it into Arabic. This usually costs extra, from AED 80 to AED 300 per page, depending on how complex it is.
• Lawyer Fees: Many people choose to use law firms or special service companies to help write the POA and handle the official process. These fees vary a lot, often starting from AED 500 up to AED 2,000+, depending on how complex and urgent it is.
• Certification Fees (for POAs from other countries): If your POA is signed outside the UAE, it needs many official stamps. Each step (from the Foreign Affairs Ministry in your home country, to the UAE Embassy, and finally the UAE Ministry of Foreign Affairs (MOFAIC) in the UAE) costs money. These can add up to a lot.

Always ask for a clear and detailed price list from the service provider you choose before you start.

The Validity of a POA in Fujairah depends on its type and what is written in the document itself:

• General Power of Attorney (GPOA):

  • A GPOA usually stays valid for an unlimited time. It lasts until you officially cancel it.
  • It automatically stops being valid if the Principal dies or can no longer make decisions because of their mind.
  • However, for big deals, many government offices or banks might ask for a GPOA that was made recently (e.g., not older than 1 or 2 years). This is to make sure it still shows the Principal's wishes.

• Special Power of Attorney (SPOA):

  • An SPOA is usually valid for one specific task or a set time.
  • If it is for a specific task (e.g., to sell a certain car), it stops being valid on its own once that task is done.
  • If it has an end date written (e.g., "valid for 6 months"), it will end on that date.

• Stops Automatically:

A POA, whether general or special, stops being valid on its own if:

• The Principal dies.
• The Agent dies.
• The Principal can no longer think clearly.
• The specific task for the SPOA is finished.
• The set time for the POA runs out.

It's very important to know how long a POA is valid and when it stops. This helps avoid using a POA that is no longer legal, which could cause problems.

If you want to cancel POA in Fujairah (also called taking it back), the Principal must follow an official legal process. This makes sure it is legally stopped:

1. Write a Cancellation Paper:
   • Prepare an official paper that clearly says you want to stop the original POA. This paper must include details of the original POA, like its date, number, and the names of the Principal and Agent.
2. Principal at Notary Public:
   • The Principal must go in person to the Fujairah Courts Notary Public or the MOJ Smart Services Office.
   • They will sign the cancellation paper in front of the Notary Public. The Notary Public will then officially stamp and make it real. This makes the cancellation legally binding.
3. Tell the Agent:
   • It is very important to officially tell the Agent in writing that the POA is canceled. Sending a copy of the official cancellation paper by registered mail or courier with proof of delivery is strongly suggested.
   • The cancellation starts legally from the moment the Agent gets this notice.
4. Inform All Related Parties
   • Immediately tell any banks, property offices (like the Fujairah Municipality's land department), or other government offices or businesses where the Agent might have used the original POA.
   • Give them an official copy of the cancellation paper to stop any unauthorized actions.

If you don't properly cancel a POA and tell all the right places, it can cause legal problems if the Agent keeps acting using the old POA.

In Fujairah, you don't usually "renew" a Power of Attorney by extending the old one. If a POA has ended, or if you need to give powers again after an old one is no longer valid (for example, if a General POA is very old and a bank wants a new one), you must make a completely new Power of Attorney.

The steps for getting a "new" POA are the same as getting an original one:

1. Write a new POA paper.
2. Go to the Fujairah Courts Notary Public to sign it in front of the Notary.
3. Pay the fees for the new POA to be made official.
4. Complete any needed legal translation or certification steps if they apply.

This makes sure the new POA shows what you want now and follows all the latest legal rules.

POAs in Fujairah are often used for many reasons. They help people and businesses be more flexible:

• Property Management and Buying/Selling: This is one of the most common uses. A POA lets an Agent:
  • Buy, sell, rent, or use property as loan security in Fujairah.
  • Manage existing properties (e.g., collecting rent, arranging repairs).
  • Sign related papers with the Fujairah Land Department.
• Car Deals: An Agent can be allowed to:
  • Buy or sell cars.
  • Register, unregister, or renew car licenses with the Fujairah Traffic Department.
• Managing Money: A POA can give power to:
  • Open, manage, or close bank accounts.
  • Put in or take out money.
  • Manage investments and money portfolios.
  • Pay bills and debts.
• Business Operations: For company owners or managers, a POA can let an Agent:
  • Represent the company in official dealings.
  • Sign agreements and contracts.
  • Handle company licenses and renewals with Fujairah government business departments.
  • Manage company bank accounts.
• Legal Representation: An Agent can be allowed to:
  • Speak for the Principal in court cases.
  • Start or defend lawsuits.
  • Sign legal papers for the Principal.
• Personal and Admin Tasks: This can include:
  • Collecting papers (e.g., certificates, permits).
  • Applying for or renewing visas and residency papers.
  • Representing the Principal in different government offices for simple tasks.

For most of these specific uses, a Special Power of Attorney is usually better than a General one. This limits the Agent's power to only the tasks that are truly needed.

If you are a third party (like a bank, a government office, or a business) dealing with an Agent who shows a Power of Attorney in Fujairah, it's very important to check if it's real and valid:

1. Contact the Fujairah Courts Notary Public:
   • The most trusted way to check a POA made in Fujairah is to contact the Notary Public department at the Fujairah Courts.
   • They can confirm if the paper is real using its special number, the date it was made, and the Principal's details. This confirms it was properly made official by them.
2. Look at the Notary Public Stamp and Signature:
   • Look closely at the POA for the official stamp and signature of the Fujairah Notary Public. Make sure it looks real and matches typical official stamps.
3. Check for Official Stamps (for POAs from other countries):
   • If the POA was made outside the UAE, it must have many official stamps. Look for stamps from:
     • The Notary Public (in the home country).
     • The Ministry of Foreign Affairs (in the home country).
     • The UAE Embassy/Consulate (in the home country).
     • The UAE Ministry of Foreign Affairs and International Cooperation (MOFAIC) (in the UAE).
   • If any step is missing, the foreign POA is not valid in Fujairah.
4. Check Agent's ID: Always ask for the Agent's original Emirates ID or passport. Make sure their identity matches the one written in the POA.
5. Ask a Lawyer: If you have any doubts about a POA's validity, what it covers, or if it has been canceled, it's always best to ask a local lawyer in Fujairah. They can do detailed checks and give expert advice.

One can also use a foreign POA in Fujairah, but it must go through a strict and required official process. This process makes it legally accepted. This is a multi-step process:

1. Official Notary in the Home Country: The POA must first be properly signed and made official by a Notary Public or similar person in the country where it was created.
2. Official Stamp by Foreign Affairs Ministry: The official POA then needs an official stamp from the Ministry of Foreign Affairs (or similar government group) in the country where it was made. This confirms the Notary Public's signature and stamp.
3. Official Stamp by UAE Embassy or Consulate: The paper then needs to be officially stamped by the UAE Embassy or Consulate in the country where it was made. This confirms the Foreign Ministry's stamp.
4. Official Stamp by UAE Ministry of Foreign Affairs (MOFAIC): Once the paper reaches the UAE, the last step is to get it officially stamped by the UAE Ministry of Foreign Affairs and International Cooperation (MOFAIC) in Fujairah or any other emirate. This gives the paper full legal recognition in the UAE.
5. Legal Translation: After all these official stamps are done, if the POA is not in Arabic, an official legal translator in the UAE must translate it into Arabic. This translation is usually done after all the stamp steps.

If you don't do all these steps, a POA made in another country will not be accepted by government offices, banks, or courts in Fujairah.

While a POA in Fujairah is a useful tool, it comes with some problems and risks that the Principal should know about:

Common Problems:

1. Writing it Exactly Right: One of the biggest problems is writing the POA very clearly and exactly. Vague words can lead to the POA being refused by banks or government offices. It can also cause arguments.
2. Delays in Getting an Official Stamp: Sometimes, getting an appointment with the Notary Public, especially for people who don't live in the UAE, can cause delays.
3. Official Process for Foreign POAs: The many steps to get official stamps for POAs made outside the UAE can take a lot of time and be complex. It needs to work with different countries and ministries.
4. Language Issues: For people who don't speak Arabic, making sure the POA is correctly translated and understood can be a problem.
5. Changes in Law: Legal rules can change. So, a POA made years ago might not meet today's rules for certain deals.

Risks with the POA:

1. Agent Misuse of Power: The biggest risk is the Agent using the power given to them in the wrong way. They might act against the Principal's best interest to gain something for themselves. This can cause money loss or legal trouble for the Principal.
2. False Use and Fake Identity: If the POA is not kept safe, there's a risk of it being used falsely by people who are not allowed to.
3. Principal Loses Ability to Think Clearly: If the Principal loses their ability to think clearly after giving a General POA, the POA usually stops being valid. This could leave matters without anyone to handle them.
4. Automatic End/Cancellation Not Known: If the Principal or Agent dies, or a Special POA's task is done, the POA stops being valid. If other people don't know this, actions taken by the Agent could be challenged.
5. Conflict of Interest: If the Agent has a personal reason to gain that goes against the Principal's interest, it can lead to bad or illegal actions.

How to Avoid Problems and Risks in a Fujairah POA?

• Pick a Trusted Agent: Choose someone who is very honest and whom you can rely on. It's best if it's a close family member or a respected legal company (like a law firm for special tasks).
• Be Specific: Always use a Special Power of Attorney when you can. Clearly state the exact tasks and limits of power. Avoid wide, general powers unless you absolutely need them.
• Get Professional Help: Use experienced lawyers in Fujairah to write and check your POA. They can make sure it's legally strong and protects your interests.
• Watch What the Agent Does: For money POAs, regularly check bank statements or deals.
• Know You Can Cancel: Remember that you can cancel a POA at any time if you don't trust your Agent or their actions anymore. Act quickly to cancel and tell all relevant people.