Power of Attorney is a legal document that allows an individual to give legal rights to another individual or organisation to act on their behalf. In Law, Power of Attorney or POA is given to the Lawyer or the Law Firm, in order to appear in court on behalf of the person. Just Emirati Lawyers can be provided with the POA or Power of Attorney because only they have the right to appear in Court. Just UAE National Lawyers can appear in the court in order to start or continue the court cases.
First, they need a POA which they have to submit to Court Systems. Nowadays this is possible through online mediums. Even the POA can be notarised in Dubai, online too. Your Law Firm or the Advocates will definitely tell you about this if you are updated. It is needed when the individual needs someone else to perform a legal or official action. It can be used by a lawyer to represent their client in court, by an individual to buy, sell or rent a property, or to perform any official or legal action on behalf of an individual who is not available. The person or organisation that has the power of attorney can legally sign legal documents for the completion of legal procedures.
Notarization Process
The Power of attorney is first drafted and then notarized. The process of notarization is also available online and can be completed by applying to the portal. In this case, the verification is done on a video call. The three main points to be included in the power of attorney are:
1. Purpose of the power of attorney
2. Details of the individual or company appointed as attorney
3. Duration of the power of attorney
The power of attorney can be made for a fixed period or can also be made for perpetuity. The power of attorney can be cancelled either if it is for a fixed term or perpetuity. The power of attorney can easily be cancelled by visiting the office of the notary republic and putting up a cancellation request.
In this case, the power of attorney becomes invalid after the cancellation. Furthermore, if an individual believes that their appointed attorney has acted wrongfully, they can file a criminal or a civil case against the attorney, depending on the situation.
It is essential that the power of attorney is prepared in Arabic in UAE, or it can be prepared in Arabic as well as English. However, in case there is an ambiguity between the Arabic and English versions, the Arabic version will prevail over the English version.
If an individual is outside the UAE and wants to make a power of attorney to be used in the UAE, they have to follow the following steps:
1. Prepare the power of attorney and get it notarized
2. Get the power of attorney attested from the Ministry of Foreign Affairs in that country and the UAE embassy in that country.
3. The attested power of attorney is sent to the UAE and attested by the Ministry of Foreign Affairs and International Cooperation (MOSAIC)
4. The power of attorney is translated into Arabic after being attested by MOSAIC.
5. The Arabic translation is attested by the Ministry of Justice.
6. After the Arabic translation is attested by the authorities in the UAE, it can be used for the purpose that it was intended in the UAE.
Nowadays, business transactions for individuals and businesses are spread all over the world. In this case, the power of attorney has become an essential tool to ensure smooth processes.