What is a Power of Attorney (Wakala)?
A Power of Attorney (POA), known in Arabic-speaking GCC countries as a Wakala or tawkeel, is a legal instrument by which one person (the principal) grants another person (the agent or wakeel) the authority to carry out specified legal, financial, property, or administrative tasks on the principal's behalf. It is widely used across the GCC when the principal is abroad, unable to travel, or otherwise unavailable to complete transactions in person.
A Wakala can be general, covering a broad range of actions, or limited (specific), authorising only particular named transactions such as selling a vehicle, completing a property transfer, or managing a court case. The scope of the authority granted must be clearly defined in the document, because a government authority, bank, or court will typically only accept actions that fall within the documented scope.
How to Get a Power of Attorney
- Draft the Wakala document, specifying the principal, the agent, and the exact scope of authority being granted. Use a locally accepted template where possible, as authorities in GCC countries often require specific wording.
- Have the document notarized. If the principal is inside the GCC country, notarization is done at the relevant notary office or court authority. If the principal is outside the country, notarization is done by a local notary in the home country.
- If the principal is outside the GCC country, the notarized document must typically be attested through the home-country MOFA and the GCC country's embassy (or apostilled if both countries are Apostille Convention members).
- An Arabic translation by a licensed translator is usually required for the document to be accepted by GCC authorities.
- Register the attested and translated Wakala with the relevant GCC authority if required for the specific transaction (for example, a property transfer may require registration with the land department).
Rules and Cost
Notarization and attestation fees vary by country and by the complexity of the document. GCC notary offices typically charge per-page or per-transaction fees. Attestation costs are charged separately at each stage. Some GCC countries allow digital or remote notarization in specific circumstances, but this remains limited in scope. A POA can generally be revoked by the principal at any time through a formal written revocation, which should itself be notarized and communicated to any authority or party holding the original. Rules vary by country and change - confirm current procedures with the relevant notary authority or legal advisor.
Country Differences Across the GCC
In the UAE, Wakalas are notarized at the Notary Public offices operated by the relevant emirate-level judicial body. In Saudi Arabia, tawkeel documents can be registered through the Najiz platform for some transaction types. In Qatar, the Ministry of Justice handles notarization. In Kuwait, Bahrain, and Oman, the notary function sits with the respective Ministry of Justice or courts authority. The wording requirements and accepted scope of a POA also differ by country and by the specific receiving authority. Rules vary by country and change - confirm with the relevant authority.
What Expats Should Know
A POA issued abroad must typically pass through the attestation or apostille process before it is accepted in a GCC country; a notarized document alone is not sufficient if it was executed outside the country. Be specific about the scope of authority you grant; a vague or overly broad POA may be rejected by the receiving authority or create risk if the agent acts beyond your intention. Revoke any POA promptly when it is no longer needed. If you are the agent acting under a Wakala, confirm the document is still valid and covers the intended action before proceeding, as the principal can revoke a POA at any time. Rules vary by country and change - confirm all requirements with a licensed legal professional or the relevant authority.