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special power of attorney

Special power of attorney

A Special Power of Attorney is a written document wherein one person (the “Principal”) appoints and confers authority to another (the “Agent”) to perform some specific tasks on behalf of the principal for one or more specific transactions. The special power of attorney can also be used when one cannot handle certain affairs due to other commitments or for health-related reasons.

A Special Power of Attorney may be used for the following acts:

  • Money management
  • Care and custody of children
  • To fulfill any specific duty
  • Leasing of any real property to another person
  • Managing any finances
  • Selling or purchasing of a personal property

Contents of a special power of attorney

Disclosing details of principle and agent: Details of both the party involved in the special power of attorney.

Reason for giving power: the valid reason for granting should be stated clearly. State the powers granted to the agent, also provide the limitation of such powers.

Performing act details: mention the details of the particular or specific actions that the agent has been authorized to perform and can be prohibited in case of misuse of power.

Date and place: the date and place of making the deed should be mentioned clearly and also the date when the duties of the agents are functional.

Signatures: the principle has to place his signature at the end of document two witnesses are also required to place their signatures.

Documents required

  • Proof of identity
  • Copies of special power of attorney
  • Proof of nationality

General Procedures involved

The procedures involved in issuing special power of attorney are

Step 1 Drafting the document by giving all the details of specific tasks or transactions to be performed by the agent

Step 2 Printing it on a stamp paper

Step 3 Signatures of authorized persons and two witnesses should be placed at the end of the special power of attorney

 

Special Conditions issuing special power of attorney

  • The person entrusted as an agent should be capable to do the work
  • The agent should not be prevented to carry out entrusted work.
  • The person entrusted should be mentally capable of understanding the terms of special power of attorney.

Duration

Power of Attorney may be limited to a specific transaction, may mention an expiration date after which its powers are no longer valid. A special power of attorney continues in effect until it is revoked or expires according to its terms.

The duration of a special Power of Attorney also depends on the laws of the country in which the power is being used.

Expiry of special power of attorney

A special of attorney can be expired for below-mentioned reasons:

  • By the death, insolvency or insanity of the principal or of the Agent
  • By the dissolution of the firm or corporation which entrusted or accepted the agent to accomplish a particular act
  • By the accomplishment of the object or purpose of a particular act.
  • By the expiration of the period for which the special power of attorney was constituted

A special power of attorney can also be revoked by the principle if:

  • The attorney has misused the powers granted to his.
  • When the attorney has become disabled to perform his duties.
  • The agent has violated any provision mentioned in the special power of attorney document

Key considerations

Appointing a legal representative to involve an element of risk and a great deal of trust when you grant specific powers to a particular person

It is always important to make sure about the terms included in the special power of attorney document and also the person granted with the power of attorney should be reliable, trustworthy and has the necessary skills, knowledge, and experience to act on principal’s behalf.

Special power of attorney services in Dubai                                           

HHS  lawyers and legal consultants are the most trusted lawyers in the UAE . If you wish to prepare a special power of attorney in Dubai, we are here to assist you in the best possible ways. Our solutions are delivered by experienced lawyers who can ensure 100% client satisfaction irrespective of whether you are an individual or an organization. Contact us for further consultation.

M. Al Khairy, LL.B. is a Senior Partner of HHS Lawyers in UAE. Practicing law for almost a decade, he has in-depth knowledge on UAE legislation with particular expertise on legal drafting, contract drafting, labor disputes, family law, and regulatory compliance for business organizations. Al Khairy also provides counsel on legal rights and obligations in the UAE to clients, including individuals and businesses subject to investigation or prosecution under Criminal Law by major regulators. Read more