Who Can Issue a Power of Attorney & Who Can Act as a Power of Attorney?
- Issuing POA: Any individual who is at least 21 years old and has the mental capacity can issue a Power of Attorney. The person must be legally competent to make decisions and delegate authority.
- Acting as POA: Anyone who meets these same criteria can be appointed as a Power of Attorney, provided they have the legal capacity to perform the tasks required.
- Risks Involved
- Trust: Appointing someone as your Power of Attorney involves significant trust. The individual you choose will act on your behalf and make decisions that are legally binding on you. It is crucial to select someone who is reliable, trustworthy, and has the necessary skills and experience.
- Understanding the Document: Ensure you fully understand the terms and conditions of the Power of Attorney document. The document should specify exactly what powers are granted to the agent.
- Types of Power of Attorney
- General Power of Attorney: Grants broad, unrestricted powers to the agent. This can include a wide range of activities, but it does not mean the agent can do anything they wish. The document should clearly outline the scope of powers.
- Special Power of Attorney: Limits the agent’s powers to specific tasks or transactions. This type is often used for single transactions or limited periods and offers more control and less risk compared to a general POA.
- Protection Measures
- Authorization: Your POA can only perform actions that you have specifically authorized. The powers granted should be detailed in the document.
- Notarization and Attestation: For a Power of Attorney to be valid in Dubai, it must be signed in front of a Notary Public and then attested by the relevant UAE government authorities.
- Specific Regulations for Property Transactions
- Purchasing Property: A general Power of Attorney can be used for purchasing property, but it cannot cover tasks like opening bank accounts or applying for mortgages. The agent’s powers are limited to what is specified in the document.
- Selling Property: A Special Power of Attorney is required for selling property. It must specify details of the property (e.g., unit number, building name, plot number). The Dubai Land Department requires this specific POA on the day of sale and only allows funds to be issued to the property owner’s name.
- Duration of Power of Attorney
- Validity: The duration of a Power of Attorney depends on its type. For property transactions in Dubai, a POA is valid for up to two years for selling and five years for purchasing properties.
- Renewal/Re-Issuance: Expired POAs can be renewed or re-issued. For a POA issued in Dubai, this can be done for a nominal fee. For POAs issued abroad, the process involves re-validation through the UAE Embassy and Ministry of Foreign Affairs.
- Revoking a Power of Attorney
- Process: A Power of Attorney can be revoked at any time. To revoke, notify the agent in writing, retrieve the original POA document, and file a written revocation with the office where the original was issued.
- Issuing a Power of Attorney for Use in Dubai
- In Dubai: The POA must be signed before a Notary Public and then attested by the UAE Ministry of Foreign Affairs. This can be done quickly at the Notary Public.
- Abroad: If the grantor is outside the UAE, the document must be legalized in the country of residence and then attested by the UAE Embassy. This process typically takes 5-14 days, depending on the country.
- Benefits of Giving Power of Attorney
- Convenience: Allows you to manage property transactions in Dubai without being physically present, saving time and travel costs.
- Representation: A qualified POA can handle all necessary procedures, offering expertise and avoiding the stress of dealing with multiple offices or procedures directly.
- Efficiency: A well-chosen POA will focus solely on your interests, providing guidance, updates, and ensuring proper handling of all required steps.
- Final Considerations
- Due Diligence: Carefully choose a POA who is experienced and trustworthy. Ensure you understand the full extent of what you are authorizing and feel confident in the person’s ability to represent your interests effectively.
- Conveyance.ae – Your Trusted Partner
- About Us: At Conveyance.ae, we specialize in providing comprehensive legal services for property transactions in Dubai. Our team of experienced professionals ensures that all aspects of the Power of Attorney process are handled efficiently and accurately.
- Our Services: We offer guidance on issuing, managing, and revoking Powers of Attorney, ensuring compliance with Dubai’s legal requirements. Whether you are buying or selling property, our experts will assist you in navigating the complexities of the legal process.
For further assistance or to learn more about how Conveyance.ae can support your property transactions in Dubai, please contact us.