POAS Podcast – Episode 06

Welcome back to the POA’s desk.

In the last episode we covered the cost of POAs in Dubai. In this episode we tackle one of the most overlooked questions: who can you actually appoint as your attorney, and what are the rules most people don’t know.

A POA is a legal authorisation. So the person you appoint must be legally capable of acting on your behalf. That sounds obvious. But the rules around eligibility are stricter than people expect, and getting this wrong is one of the more common reasons we see POAs rejected at the notary or at the Dubai Land Department.

The basic requirement is straightforward. Your attorney must be at least 21 years old. They must be of sound mind. And they must have valid identification, usually an Emirates ID for UAE residents or a passport for non-residents. The notary will verify all of this before registering the POA, so missing or expired documents will stop the process before it starts.

Beyond the basics, there are practical considerations. Your attorney should be someone you trust completely. They will be acting in your name, signing in your name, and in some cases receiving funds in your name. The legal protections you have against an attorney who acts badly do exist, but they are reactive. Prevention is better. Choose someone who is reliable, accessible, and capable of handling the specific task you are authorising.

Some restrictions catch people out. A POA for a property sale cannot name the buyer as the attorney. The buyer cannot represent the seller in the same transaction. This is a conflict of interest that the Dubai Land Department will not accept. Similarly, a real estate agent directly involved in the transaction cannot act as the seller’s attorney for the same sale. Different roles, different parties.

For corporate POAs, the attorney must usually be authorised to act on behalf of a company. That means board resolutions, signatory documents, and trade licence verification. A friend of the managing director cannot simply receive a corporate POA and start signing. The corporate authorisation chain must be complete and current.

Family members are often the natural choice. Spouses, adult children, siblings, parents. All are eligible if they meet the basic requirements. But family is not automatically the best choice. The right attorney is the one who has time, capacity, and willingness to do the work. A busy son living overseas may be a worse choice than a trusted friend in Dubai who can attend appointments at short notice.

Multiple attorneys are allowed. You can name two or more attorneys jointly, or as alternatives. Joint attorneys must act together, which means both must sign every document. Alternative attorneys can act independently, which means either one can sign on behalf of the principal. The wording of the POA decides which structure applies, so this needs to be specified clearly at drafting.

You also need to think about the practical demands of the role. If your attorney needs to sign documents at the Dubai Land Department, they need to be in Dubai. If they need to attend a bank in person, they need a working relationship with the bank. The attorney’s location and availability matter as much as their identity.

Before you appoint anyone, ask yourself three things. Does this person have the capacity to do the work, including being available when needed. Do I trust them with the specific powers I am granting. And is there any conflict of interest that would cause the POA to be rejected.

At POAS we confirm the proposed attorney’s eligibility before drafting begins. If there is a conflict, we flag it before you pay. If the attorney’s documents are incomplete, we tell you what’s missing. The fixed fee includes this verification, so you do not pay for a document that gets rejected at the notary.

In Episode 7 we cover POA types and how to choose the right one. Property Sale, Property Management, Corporate, Bank Account, and a few less common variants.

I’m Patrick. Thanks for joining me at the POA’s desk.