civil law

|

September 15, 2014

|

13527 views


| Your comment matters, please click here to rate article!



A Power of Attorney is a notarized letter of authority given by a person or a company to another person or a company, which allows them to act for and on behalf of the original person in various government departments and for contractual purposes. The attorney and the person giving it must be over 21 years of age and must be of sound mind.

A Power of Attorney is also required by lawyers before acting on behalf of their clients. If a Power of Attorney is executed in Dubai by a resident expatriate, a local citizen or a visitor, it must be signed by the person, bearing his original ID (Emirates ID or passport), in front of the notary public. After notarization, two copies are given to the two parties and one is retained by the notary public for their records.

If a Power of Attorney is executed outside the UAE for use within the UAE, it has to be signed in front of the notary/magistrate/solicitor in the country of origin, attested by the foreign office and legalised by the UAE embassy in the country of execution. The same document shall then be translated into Arabic in the UAE, attested by the Foreign Office in the UAE and legalised by the Ministry of Justice.

A Power of Attorney (POA) allows the attorney to sign in all capacities as stated in the instrument. This can include the right to buy and sell property, file cases in court, sign contracts etc. There is a trust relationship between the person giving the power of attorney and the attorney.

Any misuse of the POA is an extremely serious offence and is considered a crime either through a breach of trust or fraud, and can be tried both under criminal and civil procedures in court. One should take all necessary precautions while issuing a POA and if the POA is given for a specific task, the executor should make sure that the instrument is cancelled following the correct procedures once the task is completed.

There is no concept of a Lasting Power of Attorney under UAE law, which means that any POA is automatically cancelled at the death of the executor. Lasting POAs which have an effect even after the death of a person are special Power of Attorneys under the common law.

Irrevocable Power of Attorneys cannot be signed in Dubai. However, it is possible in other emirates like Abu Dhabi and Sharjah.

Each different Power of Attorney might have additional requirements according to the department using them. For example, a POA to sell a property cannot be given without being accompanied by the original title deed. A general POA to sell the property is generally no longer valid or accepted by the Dubai Lands Department. Any such Power of Attorney shall be accompanied by a title deed and shall have the address of the unit it is being given for.

Any person giving a Power of Attorney should be careful about whether they do so jointly or individually. A joint POA can only be used in the presence of both attorneys mentioned. This will make the POA both more secure and less flexible.

A Power of Attorney also contains the option of being delegable to another party. In such a case, it should be written that the said Power of Attorney is delegable at the discretion of the attorney. In such instances, the attorney, for his convenience or in the event he is unable to be present, can delegate the POA to a third party who will then as a result also act for the executor under the same principles as contained within the given POA.

A POA can be cancelled by the executor at any time. The cancellation is done at the notary public and generally does not require the presence of the other party. However, some POAs require the other party to be present at the time of the cancellation. Additionally, if the POA is stipulated by a timeframe, it automatically expires after this period, with no further notice.


Related Links


Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.


Comments

No comments found.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.


Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco
Client

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

British Client

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Select your Language:

        

Main Menu