Power of Attorney – How can I switch rights to my relations in India?
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Dubai: If you are unable to travel and need to take legal action in another country, you can create a power of attorney and transfer certain rights to a trusted agent in the country. A Gulf News reader unable to travel to India to complete a property sale wrote to ask how she could complete the process of obtaining a proxy for her mother.
She said, “I am a UAE resident and I would like to sign a power of attorney and transfer my rights to my mother to transfer property that is in my name. Due to the current situation, I cannot travel. Which documents are required and how should I proceed? “
What is a power of attorney?
A Power of Attorney (POA) is a document that allows you to designate a person or organization to manage your property, financial, legal, or medical affairs when you are unable to. In the document, one person – known as the “client” – authorizes the other person – known as the “agent” – to carry out certain legal transactions. In the United Arab Emirates, a power of attorney is signed at notaries. Once the process is complete, they become legal and acceptable to third parties and government departments.
Gulf News put the reader’s query to Jihene Arfaoui, a Dubai-based legal advisor, who spoke about the step-by-step process of creating a power of attorney and getting it validated by the correct departments.
“If the reader is located in the UAE, they can send all documents to a notary office in the UAE. The reader would have to include all the details, including full names, the rights they would like to transfer and any legal action they would like to specify, ”Jihene said.
“The notary will contact her to proceed with the certification and send her a link to transfer the fees. He will then send her a copy (translated) via email. The power of attorney must then be confirmed by the Ministry of Foreign Affairs and International Cooperation in the United Arab Emirates and the Embassy of the United Arab Emirates in India. When the reader sends the authorization to her mother, she has to translate it and confirm the translation from the Ministry of Justice, ”added Jihenne.
If the reader is based in the UAE, they can send all documents to a notary office in the UAE. The reader would have to provide all the details including full names, rights they wish to transfer, and any legal action they wish to provide.
– Jihene Arfaoui, a Dubai based legal advisor
So if for any reason you want to give power of attorney, you need to follow these steps.
Step 1: preparing the power of attorney
The power of attorney must be in both English and Arabic. The editing process must be carried out with care, with the document clearly indicating which powers the client delegates to the representative. If the POA is not clearly worded, it may not be accepted by other organizations or government departments, resulting in loss of time and money.
Once the power of attorney has been prepared, you will need to print out three originals of the power of attorney to be signed in front of the notary.
Step 2 – Sign it in front of the notary
In this step you need to visit a notary public in the UAE to sign your power of attorney. This process can also be done online, a service offered by both the UAE courts and private notaries. In order for the POA to be notarized, it is important that the client is physically present. The agent does not have to attend the notary. Jihenne said the process is also possible online through video conferencing options offered by notaries and courts of the UAE.
As soon as the document has been notarized, the notary will stamp and register the copy and give you two copies. The POA is now legally valid.
The process can take anywhere from 20 minutes to an hour.
Step 3 – Get the Necessary Certifications
Depending on the country in which the power of attorney is used, the person would need to have the document certified by the UAE’s Ministry of Foreign Affairs and International Cooperation and the country’s embassy or consulate. If the translation needs to be certified, the certification must be submitted to the UAE Department of Justice.
Step 4 – Send the certified POA by courier
The reader may then be able to courier the power of attorney to their mother or elected representative, Jihene said.
“It is important to ensure that the name on the document is the same as the names on the identity documents of the client and the agent or the trade licenses for company names,” said Jihene.
The notary process can cost around Dh300. However, the total cost may vary depending on which legal advisor you are hiring, the type of power of attorney you want to create (general or specific, for an individual or a company), as well as the countries where you may need to obtain the Power of Attorney Certificates.