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What are the types of power of attorney? A power of attorney is a legal contract that allows a person (the principal) to authorize another person (the attorney) to perform acts on his behalf. The principal must also have the right to act on his own behalf in what he was authorized to do, the attorney must not be prohibited from acting on what he was authorized to do, and the attorney’s location must be known and capable of being represented. In the following lines, we will talk about the types of power of attorney in the UAE in detail.
Types of power of attorney
In the United Arab Emirates, a legal agency is an important tool used in various legal procedures and transactions. Here is a comprehensive guide to the types of power of attorney in the UAE:
General Power of Attorney:
- Grants the agent broad powers to manage the client’s financial, administrative and legal affairs.
- These powers include performing all legal actions on behalf of the client, such as buying and selling, signing contracts, managing bank accounts, and representing the client before courts and government agencies.
- General power of attorney is often used in cases where the client is unable to manage his affairs himself, such as due to constant travel or illness.
Special Power of Attorney:
- The agent’s powers in this type of power of attorney are limited to performing specific and clear actions stipulated in the power of attorney.
- The special power of attorney must precisely specify the scope of the agent’s powers and the actions he may perform on behalf of the client.
- Special power of attorney is used in cases where the client wishes to authorize someone to perform a specific act on his behalf, such as selling a specific property or receiving a specific amount of money.
Commercial attorney:
- Used in the field of business, where the principal appoints a person or company to carry out commercial activities on his behalf, such as importing and exporting goods, distributing products, and managing commercial branches.
- The commercial agency is subject to the provisions of Federal Law No. (18) of 1981 regulating commercial agencies.
Judicial attorney:
- Used to represent the principal before courts and judicial authorities.
- The judicial agent must be a lawyer licensed to practice law in the UAE.
- The judicial agency is subject to the provisions of the Civil Procedures Law and the Law Regulating the Legal Profession.
Administrative attorney:
- Used to represent the principal before governmental and administrative bodies, such as municipalities, ministries, and government agencies.
- The agent is authorized to complete administrative transactions on behalf of the principal, such as obtaining permits and licenses, registering companies, and paying government fees.
Banking attorney:
- Used to manage bank accounts and conduct financial transactions on behalf of the principal.
- The agent is authorized to withdraw and deposit, transfer funds, pay bills, and make investments on behalf of the principal.
Real Estate attorney:
- Used to manage and dispose of real estate on behalf of the principal.
- The agent is authorized to sell and buy real estate, rent it, collect rents, and carry out maintenance and development work.
Procedures for making a power of attorney in the UAE
- Determining the type of power of attorney: The type of power of attorney to be made must be specified in the types of power of attorney, whether it is special or general, and the matters covered by the power of attorney must be specified.
- Drafting the power of attorney: The power of attorney must be drafted clearly and accurately, and include all the necessary data, such as the name of the principal and the agent, the type of power of attorney, the matters covered by the power of attorney, the date of the power of attorney, and the signatures of both parties.
- Notarizing the power of attorney: The power of attorney must be notarized at the notarization office within the country in which the power of attorney is issued, then notarized at the Ministry of Foreign Affairs of this country, and then the UAE embassy or consulate in the country in which the power of attorney is issued.
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