Getting a Power of Attorney (POA) notarized can be a daunting process if the procedures are not known or are not followed correctly. Here is a step-by-step process for anyone that wants to get a POA notarized so that it can be used for legal, banking and governmental transaction:
Getting the Draft Ready:
If you are using the services of an agent or a solicitor to represent you in purchasing or selling a property, it is essential to consider the wording of the POA as you do not want to assign legal powers to a party to act on your behalf in matters you do not want them to.
Hence, POAs are very specific in nature. The Notary Public and the Dubai Land Department are also particular about what is specifically mentioned in a POA. Hence, if you are appointing an agent, here is a list of items that you may wish to consider inserting in a POA:
- Express authority to assign, let, buy or sell the property;
- Liaise with all relevant departments and authorities necessary to complete property transactions;
- Collect and receive rent cheques or payments from the buyer in your name.
For UAE Residents:
If you reside in the UAE or are visiting the UAE for a specific duration, you can get a POA notarised at the Notary Public for a small fee. However, if the POA is drafted in English, it needs to be legally translated and stamped by a certified legal translator.
For Non-UAE Residents:
For POAs that are issued by persons outside of the UAE, the procedure requires that the POA needs to be attested by the following authorities:
- Notary Public in the Country of Origin
- Ministry of Foreign Affairs in the Country of Origin
- UAE Embassy in the Country of Origin
- A Certified Legal Translation from a legal translation office in UAE
- Ministry of Foreign Affairs in the UAE
Note: Foreign POA attestation is a lengthy process that will require a considerable amount of time to complete. Moreover, The Ministry of Foreign Affairs in the UAE now charges AED 2,000 attestation fees per document. Hence, the principal provider of the POA may find it a more suitable option to travel to the UAE to notarise a POA rather than going through the above process.