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Limited power of attorney in the UAE is a legal authorization that allows one person (known as the attorney) to act on behalf of another person (known as the principal) in specific matters. A limited power of attorney differs from a general power of attorney which gives the attorney broad powers.
Types of limited power of attorney
The types of limited power of attorney vary according to their purpose, including:
- Special power of attorney: grants the attorney the authority to act in a specific matter, such as selling a property or managing a bank account.
- Temporary power of attorney: grants the attorney the authority to act for a specific period of time, such as appointing a lawyer to attend court sessions during the client’s absence.
- Restricted power of attorney: grants the attorney the authority to act within certain limits, such as appointing a person to purchase goods for a specific value.
Requirements for the validity of limited power of attorney
- Capacity: The client and the attorney must have the legal capacity to carry out the acts entrusted to them.
- Consent: The power of attorney must be based on the consent of the client and the attorney without coercion or fraud.
- Subject: The subject of the power of attorney must be legitimate and enforceable.
- Writing: The power of attorney must be written and documented, especially in important matters such as selling real estate.
Procedures for limited power of attorney
- Agreement: The client and the attorney agree on the terms and scope of the power of attorney.
- Writing: The power of attorney is written clearly and specifies the matters that the attorney may act on.
- Authentication: The power of attorney is authenticated by a notary public or the competent court.
Effects of limited power of attorney
- Obligations of the attorney: The attorney must act within the limits of the power of attorney and abide by the instructions of the principal.
- Responsibility of the principal: The principal is responsible for the actions of the attorney within the limits of the power of attorney.
- Termination of the power of attorney: The power of attorney ends upon the expiration of its term, the achievement of its purpose, the death of one of the parties, or the dismissal of the attorney.
Limited power of attorney
A limited power of attorney is a type of power of attorney that grants the attorney (the person being authorized) specific and limited powers within a certain framework, and does not exceed them to others except with special permission from the principal (the person who authorizes another). The importance of a limited power of attorney lies in several aspects, including:
- Protection of the rights of the principal: A limited power of attorney ensures that the attorney does not exceed the powers granted to him, thus protecting the rights and funds of the principal from any unauthorized actions.
- Defining the responsibilities of the attorney: A limited power of attorney clearly explains the responsibilities and obligations of the attorney, which reduces the possibility of disputes and misunderstandings between the two parties.
- Flexibility: A limited power of attorney allows the principal to precisely define the scope of the power of attorney, in line with his needs and circumstances.
Finally, we talked about the Limited power of attorney in UAE, a limited power of attorney is a useful legal tool if used correctly. The principal must be careful in choosing the attorney and defining the scope of the power of attorney to ensure that his rights and interests are protected.
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