Noor Al Khonji, Hawaa Al Busaidi
What is the Power of Attorney?
A Power of Attorney (POA) is a legal document that allows an individual, known as the principal, to grant another person, known as the agent, the authority to act on their behalf. There are various reasons for executing a POA. One of the most common uses is appointing a lawyer for legal representation in court or authorising someone to manage personal affairs when the principal is unable to do so due to travel, illness or other circumstances. Different types of POAs and their uses:
There are two main types of POAs:
1) General POA: This type of POA grants the agent broad authorizations in various matters. For example, the agent may be granted the authority to make medical decisions, legal choices or financial decisions on behalf of the principal.
2) Special or specific POA: This type of POA limits the scope of authority granted to the agent to a specific task or action. It is commonly used for activities such as signing particular documents, selling a designated property, or handling a specific transaction.
Why may you need a POA?
A POA can be required for various reasons, including legal representation and transactional matters.
Legal representation: A POA allows a lawyer to represent the principal in legal matters, such as court proceedings, without the need for the principal’s physical presence. For example, in court proceedings, a principal may grant a lawyer the authority to represent them before the respective court, make legal decisions, make and receive submissions, deal with court appointed experts, negotiate settlements, and present evidence on their behalf.
Transactional Matters: A POA is also useful for handling transactions when the principal’s physical presence is required, and he/she cannot be present. For instance, if selling a property, the principal may appoint an agent to sign the sale and transfer of ownership agreement, receive payment, and deposit the funds into their account, ensuring the transaction proceeds smoothly in their absence. How POAs work?
When creating a POA, you can define the extent of authority granted to the agent acting on your behalf. You have the option to either limit or expand their powers, depending on your needs. You may wish to provide the agent with a broad scope of authority to manage various matters. In contrast, you may wish to restrict the agent's authority, allowing them to act only on a specific task or matter as outlined in the POA document.
Creating a valid POA in Oman:
The essential steps to create a valid power of attorney are as follows:
1) Notary Public: First, you will need to visit a Notary Public and clearly specify the scope of the agent’s authority, whether broad or limited. The Notary will record the authorities granted by you in an online Notary application, after which the POA document will be available for your review.
2) Signatures: The POA must be signed by the principal in the presence of a Notary. The Notary verifies the identity of the principal by validating their ID card or passport, as applicable.
3) Witnesses: Apart from POAs which are granting authority to lawyers for legal representation, witnesses are required to sign on to the POA as well.
Foreign POAs:
Each jurisdiction has its own rules and procedures regarding the execution of POAs. However, for a POA issued in a foreign country to be valid for official use in Oman, it must be notarized and authenticated by the relevant authorities.
If the issuing country is a member of the Hague Apostille Convention, an Apostille stamp on the POA will suffice for office use in Oman. If not, the POA must be attested by both the Foreign Ministry and the Omani Embassy (or equivalent) in the issuing country. Once attested, the original POA must be sent to Oman, where it will undergo further attestation by the Foreign Ministry in Oman and the Embassy of the issuing country in Oman. Failure to follow the proper attestation procedures may result in the rejection of the POA. Additionally, Omani courts or authorities may refuse to recognize a POA if it conflicts with local public policy, laws, or regulations. For instance, if the POA grants powers that contradict Omani law, it may be considered void, potentially leading to legal delays or complications for the agent.
It is also important to note that POAs issued in a foreign language must be translated into Arabic by a certified translator in Oman for them to be valid for use by Omani authorities.
Please contact Bait Al Qanoon if you have any questions about POAs or wish to grant a POA to someone.