Checklist before proceeding to completion

POA's Tenure or Validity? Keep it limited to a year or 2 maximum.
Present location / residence of POA giver? Location of property, vehicle.
Revocable or irrevocable? Irrevocable POAs are not advisable. Furthermore revoking POA’s after completion of work is recommended.
POA recipient can re-issue authority to third person? Highly inadvisable
Jurisdiction - Which country(s)? Keep it limited to a specific country or even better region
It is advisable to have only the minimum required facilities in a POA.
POA with power to pledge assets or take a loan etc are highly inadvisable

Steps to complete UAE or India Power of Attorney

Sr. No.	UAE - GPOA and SPOA	Common Law POA (i.e. Common Law countries such as India, Australia, Canada except Quebec)
1	Carry following documents to attestation Original passports of persons making the POA with one photocopy (first, last and visa page) Original POA + two photocopy. POA will have to be signed in the presence of the Officer Two passport size photographs with white background each of the person(s) making the POA and receiving the POA Attested marriage certificate, in case of POA in favor of spouse	Original passport / ID's of persons making the POA, with one photocopy Original POA + two photocopy. This document will have to be signed in the presence of the registrar Two passport size photographs with white background each of the person(s) making the POA and receiving the POA While not necessary, it may be a good idea to carry a attested marriage certificate
2	POA attestation authorized center in UAE click here for Location / timings / requirements. If you live in another country you may get attestation done at embassy / consulate of your home country, nearest to you.	In India, POA may be notarised at any registered notary office. In UAE - Click here. If you live in another country you may get attestation done at embassy / consulate of your home country, nearest to you.
3	We do not (not permitted unless we have a POA from the client/you) accompany clients to the attestation center. You will have to do this by yourself. It is a straight forward procedure.	Same
4	Once the POA attested, you may send the original to the POA receiver who can then sign in the designated place. No need for POA receiver to sign in the presence of any officer. The POA is now ready to use.	Same
5	Store copy/duplicate safely at home and inform your spouse, children where it can be found.	Same
6	How to use POA POA receiver needs to carry the original POA, one POA copy, his original ID which is mentioned on the POA and one ID copy. The original POA and ID need to be shown to the government officer / authority. By law, the original POA and ID need to be shown but NO need to be deposited. A copy of the same can be given and is sufficient. Ensure that you collect you original ID and POA back from the officer before leaving the premises	Same

Corruption Alert!

Clients often encounter officers at the time of attestation, both in India and UAE, who reject POA's or Will's on invalid grounds. Here are some common 'scam / invalid' objections

“Redo with names as per title deed or as per Aadhaar or Emirates ID etc” - Your passport is your primary ID. Names on documents should be only as per your primary ID (PP). You have the right to have the documents drawn up with names as per primary ID and the officer has the obligation to accept.
"This format is not correct / not approved format. Go to so-n-so, he will redo it for you, just pay him something" - There is no such thing as a 'correct or approved' format. The format provided to you is tried and tested and includes the latest legal updates
"This document is not correct, but come tomorrow/evening and we will see"
"Come directly without token and I will help you"
"Call me in evening / Call so-n-so"
"Fathers name is not mentioned"- Father name is not mandatory and in most cases not necessary
"Address is not mentioned"- Address is not mandatory and in most cases not necessary
"This person is not blood relative"- Blood relative absolutely not necessary
"This stamp paper is not from this state / Put more stamp paper / Stamp paper is not enough"- Refer India Stamp Act 1899, Powers Attorney Act 1882. There is No bar on use of the Non-judicial stamp paper in one state of the country and utilizing it for execution/ notarization/in another State. The differences exist only in regard to stamp-duty rates which vary from one part of the country [State to State]

All the above are invalid grounds for rejection. Tell the officer politely “My family now wants exactly this simple format. Furthermore I am unable to come back again for this work, therefore kindly attest now”

Ways to avoid rejection / corruption

Your POA receiver (attorney) has the POA and is going to use it. What are the difficulties he / she is likely to face from officials?

Please provide us with the Name, telephone number / email ID, designation/position of the person objecting. Our legal office will speak to them on your behalf.
Ask for the visiting card or Identification or official contact details (official email address, postal address) of the person you are dealing with.
Request for an official acknowledgment / receipt / inward register of documents (including POA) which you are submitting. Then, if he has an objection, ask him to reply to you in writing. If he declines ask him to escalate matter to his manager. Ask manager for visiting card or Identification or official contact details (official email address, postal address)
Ask them to refer you to the relevant sections of India Stamp Act 1899 or Powers Attorney Act 1882 when they raise an objection
Alternatively all authorities, companies, govt. and pvt. have to maintain an inward register by law and must record all registered post receipts in this register. Often it is possible to send all documents including POA (copies) by regd. post before going personally to their offices with the originals and the registered post receipt. This will scare most officials and reduce chances of asking for a bribe.
From 2012 it is required to have POA givers and receivers photographs and signature on the POA. For real estate transactions a 'Life' certificate is also a new valid requirement
Stamp duty rates which vary from one part of the country [State to State] and from purpose to purpose. In case the objection is that stamp paper is not enough, please ask to see a schedule before you panic. Many times the objection is not based on the law but the persons personal opinion. In case higher stamp paper value is requested then the already completed POA can be franked or additional stamps purchased and stuck (obsolete in some states).
If the person you are dealing with is corrupt, then they will refuse to give their ID, contact details or put anything in writing. In this unfortunate event please remember that the matter is one of corruption, not incorrect documents.
In genuine cases, it is possible they are not upto date with laws, latest practices and national legal standards. In such cases please obtain the exact reasons for rejection and email them to us for further support

Test Jun 16, 2020