A power of attorney (POA) or letter of attorney is a written agreement to speak or act on another’s behalf in personal dealings, business, or some other legal matter. The person approving the other to act is the major grantor, or donor (of the power). The one authorized to act is the mediator attorney, or in some common law jurisdictions, the attorney-in-fact. A POA is a legitimate document that gives power for someone to act on your behalf in relation to property, business, or personal matters.
Some authorities require that powers of attorney be notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor.
For various instances in our life, if we are Non-Resident Indian (NRI), we will need to provide a Power of Attorney to our close family members or friends, lawyers etc to act on behalf of us.
The POA could be issued from India for use in another country. Or, the POA could be issued abroad for use in India.
If you are an expat who lived abroad and have gone back to India due to loss of your job, or any other personal matter, chances are you may have left without settling legalities abroad.
For example, remotely you may have to handle business matters, or rent your property, even sell your car.
In such instances, a Power of Attorney is a perfect answer to get things done without requiring your physical presence. It could be for the sale of a home, property.
A company POA is issued when one partner is unable to be present to carry out business matters in another country.
For instance, you may also need a POA if someone has to represent you in government-related matters at the Foreign Affairs, or simply retrieving copies of your educational or personal certificates from the university or any other government entity.
Usually, you can appoint a blood relative, friend, or a lawyer through a Power of Attorney (POA) to make decisions in your absence.
If you are in India and want to make a Power of Attorney for use in the UAE, such a POA needs to be attested.
The Power of Attorney attestation from the concerned Ministries/Departments of India followed by UAE Embassy/Consulate in India and Ministry of Foreign Affairs in UAE.
Implementing a Power of Attorney – The POA needs to be then on a stamp paper and signed by both who are party to the POA
Attestation by Sub Division Magistrate and Ministry of External Affairs in India. This procedure involves attestation of POA from various Home Department in the state of signing and by the Ministry of External Affairs (MEA) in India. There is a minor difference in the process of attesting a Personal POA vs. Commercial POA.- A commercial POA requires the attestation from the Chamber of Commerce prior to attestation from Home Department, etc.
Apostille of POA – If the POA is issued in India and is destined to be used in an apostille country, then just the Apostille stamping is required, no need for embassy attestation.
Attestation by UAE Embassy/Consulate – The POA is to be attested by the officials of the UAE Embassy in Mumbai / New Delhi if it is being used in UAE. This attestation confirms that the document IS legitimate and attested correctly by Indian authorities. UAE Embassy stamp will be affixed on the back of the document.
Attestation by the Ministry of Foreign Affairs (MOFA) in UAE– As the last and final step, this is where the document is fully & completely verified. After the MOFA attestation, your POA is ready & legal to use.
Attestation by the Ministry of Justice (MOJ) of UAE (if applicable)– If the POA is used in the courts or some government departments, Arabic translation and attestation by the Ministry of Justice would be required too.
Once you have the POA drafted and notarised you can attest POA or Apostille POA
In all instances of clearing a shipment or acting on behalf of a ship agent in the country of origin / destination , a Power of Attorney , is a must
You can authorize your family, next of kin, a blood relative, a lawyer, an attestation company employee (in the event you want to retrieve copies of your certificates), etc.