Power of Attorney from the USA and Canada for Use in Jordan: Its Types, Its Wording and Why It Is Refused
The power of attorney signed by someone living in the USA or Canada is the instrument through which another person will act in Jordan in their name: selling, collecting, litigating and signing, and all of this may happen while the owner of the property never sees the papers signed in their name. The Jordanian Civil Code No. 43 of 1976 regulates agency in Articles 833 to 866, and the Real Estate Ownership Law No. 13 of 2019 and its amendments adds restrictions specific to powers of attorney that concern real property. In every power of attorney from the USA and Canada for Jordan, its type and its wording decide whether the Jordanian department will accept it, and how far the agent may act. That is why a review of the power of attorney's text by a specialist Jordanian lawyer before the embassy appointment protects the principal from a wasted trip, and from an act carried out in their name that they never intended.
1. Agency under the Jordanian Civil Code: Another Person Stands in the Principal's Place
Article 833 of the Civil Code defines agency as a contract under which the principal places another person in his own place in a lawful and known act. Article 834 makes its validity conditional on the principal holding the right to carry out the act himself, on the agent not being barred from carrying out the act he is appointed for, and on the subject of the agency being known and capable of being delegated. Article 835 allows the appointment to be unrestricted or restricted, conditional, or deferred to a future time.
The limits of the agent's authority are set by Article 840: the agent has authority to act within what the appointment covers, without exceeding its limits, except where doing so is more beneficial to the principal. The written text is the limit of the power of attorney: what falls within it the agent may do, and what falls outside it he may not. That is why the decision of someone living abroad to appoint a relative or a lawyer in Jordan begins with the text of the power of attorney: what will be written into it and what will be left out.
These limits matter more when the principal is far away. A principal living in Amman can go to the department himself if the agent makes a mistake, whereas someone living in New York or Toronto may learn of the act only after it has been registered.
2. General, Special and Irrevocable Powers of Attorney
Article 836 distinguishes two types: the special power of attorney, which is limited to a specific matter or matters, so that the agent may only carry out those matters and their necessary incidentals; and the general power of attorney, which covers every matter capable of being delegated, so that the agent may carry out exchanges for value and dispositions, except gifts, which must be expressly authorized. In the same sense, the instructions of the Jordanian Embassy in Washington describe the general power of attorney as giving the agent full right of disposal over all of the principal's movable and immovable property inside the Kingdom, such as sale and mortgage, and the special power of attorney as an appointment for a specific, defined subject such as sale, purchase, lease, litigation, marriage or divorce.
Alongside these two types is the irrevocable power of attorney. The rule in Article 863 is that the principal may revoke his agent whenever he wishes, unless a right of a third party is attached to the power of attorney or it was issued in the agent's favor, in which case the principal may not end or restrict it without the consent of the person in whose favor it was issued. The Real Estate Ownership Law No. 13 of 2019 restricted this power of attorney in acts that transfer ownership of real property: it is no longer entered in the land register after the end of a transitional period set by the law, and the Department of Lands and Survey treats those made for acts that transfer ownership or mortgage after that period as ordinary powers of attorney. The instructions of the Jordanian Embassy in Ottawa also state that it neither prepares nor legalizes irrevocable powers of attorney.
The following table compares the three types as the law and the two embassies' instructions set them out:
| Point of comparison | General power of attorney | Special power of attorney | Irrevocable power of attorney |
|---|---|---|---|
| What it authorizes the agent to do | Every matter capable of being delegated, including exchanges for value and dispositions such as sale and mortgage (Article 836) | Only the specific matters it names and their necessary incidentals (Article 836) | What it states, with a right of a third party attached to it or issued in the agent's favor (Article 863) |
| Usual use for someone living abroad | Managing the principal's property in Jordan in general | A defined act: selling a specific property, a lawsuit, a marriage, a divorce, or an heirs' buy-out agreement (takharuj) | Historically tied to real-estate dispositions to which a right of a third party is attached |
| Gifts | Not included without express authorization in the power of attorney (Article 836) | Not included unless the gift is the specific matter named | According to its text |
| Revoking the agent | The principal may revoke him whenever he wishes (Article 863) | The principal may revoke him whenever he wishes (Article 863) | The principal may not end or restrict it without the consent of the person in whose favor it was issued (Article 863) |
| Main risk | Wide authority over all of the principal's property that may go beyond the purpose it was given for | Narrow wording that may leave out an act the agent needs, so the transaction stalls | A restriction on the principal that is hard to lift, and it is no longer entered in the land register for acts that transfer ownership (Real Estate Ownership Law) |
The general power of attorney is easier to prepare and more dangerous in its effect, and the special power of attorney is narrower and needs wording broad enough for the whole purpose and no broader. Which of the two suits a particular file is something the lawyer assesses from the nature of the transaction and the authority it will be presented to.
3. The Wording Decides What the Agent May Do
The words of the power of attorney are what settle what the agent may do. Article 837 provides that if a power of attorney is in general terms not accompanied by anything that clarifies what is meant, it authorizes the agent only to carry out acts of administration and preservation. Article 838 requires a special appointment, specifying the type of act and the dispositions it requires, for every act that is not administration or preservation. Under Article 847, an agent for receipt may not litigate, and an agent for litigation may not receive payment, except with the principal's special permission. So a power of attorney that authorizes a relative to sue a debtor does not necessarily authorize him to collect the amount awarded. Article 843 bars the agent from appointing someone else unless the principal has permitted it or has authorized him to act at his own discretion.
The standard general power of attorney text used at the Washington embassy is a practical example: it gives the agent wide authority over the principal's property, accounts and dealings before departments and courts, and gives him the right to appoint others. However, under the Department of Lands and Survey's rules, this permission to appoint others does not extend to acts that transfer ownership of real property or mortgage it, a point the lawyer checks before the power of attorney is relied on in any real-estate transaction. Someone who gives a relative a general power of attorney to complete one transaction has in fact given him authority over all of his property.
The embassy does not take responsibility for the text on the principal's behalf. The instructions of the embassy in Ottawa state that it gives no legal advice, and the instructions of the embassy in Washington stress that the applicant must be fully aware of what the legal text of the power of attorney contains. Defining the purpose and scope of the power of attorney is itself a legal point that merits consultation, which is why the lawyer drafts the text of the power of attorney to fit the purpose it will be given for. If the power of attorney is for selling property, the risks of the sale by power of attorney itself are set out in the article Selling Property in Jordan from the USA and Canada.
4. Why a Power of Attorney Made in the USA or Canada May Be Refused
The reasons for refusal begin with the limits of legalization itself. The instructions of the Jordanian Embassy in Ottawa state that its legalization of a power of attorney does not mean the underlying document or its content is valid, and that it will not legalize any power of attorney that conflicts with Jordanian legislation, public policy or public morals. The embassy's stamp covers only the signature and seal of the Canadian authority that authenticated the power of attorney, and does not guarantee that the Jordanian authority will accept the power of attorney for its purpose.
The two embassies and the Department of Lands and Survey impose conditions of form, language and content on a power of attorney, so a power of attorney that was properly made and legalized may be refused because its text does not contain what the authority it will be presented to requires. For example, the general power of attorney does not cover a gift without express authorization (Article 836), and general wording with no clarification authorizes the agent only to carry out acts of administration and preservation (Article 837). That is why the lawyer checks the text of the power of attorney against the conditions of the authority before which it will be used before signing.
The power of attorney may also have ended before it is used, since it ends on the death of the principal or his loss of legal capacity unless a right of a third party is attached to it (Article 862), so a power of attorney held by a relative in Jordan does not remain valid after the death of the person who gave it.
Practical note: The Washington embassy's instructions state that the text of a special power of attorney can be obtained through a lawyer or from the authority before which it will be used in Jordan, because the text differs with the subject of the power of attorney and the requirements of each authority. That is why the lawyer reviews the instructions in force at the time of preparation, and the requirements of the department the power of attorney will be presented to, before signing. A power of attorney tied to real property or to a court case merits a review of its text, or consulting a specialist lawyer.
5. Authenticating a Power of Attorney Made in the USA or Canada
A power of attorney is made either at the Jordanian embassy itself, or before a local notary public and then authenticated before it is presented in Jordan. In the United States, a power of attorney made before a local notary public is authenticated at state level and by the US Department of State, and then legalized by the Jordanian Embassy in Washington. In Canada, the power of attorney is made before a Canadian notary public and authenticated by Global Affairs Canada or the competent provincial authority, and then legalized by the Jordanian Embassy in Ottawa.
Jordan is not a party to the Hague Apostille Convention, so an apostille issued in either country does not by itself replace the authentication the Jordanian side requires, a point the lawyer checks.
6. Revoking a Power of Attorney and Its Misuse
The principal may revoke his agent whenever he wishes, as long as no right of a third party is attached to the power of attorney and it was not issued in the agent's favor (Article 863). However, Article 864 makes the principal liable for the harm the agent suffers if he revokes him at an unsuitable time or without an acceptable justification. The revocation itself may require a power of attorney, since the Washington embassy's instructions list "revocation of powers of attorney" among the purposes of a special power of attorney. How the revocation is arranged and notified to the authorities concerned is a matter the lawyer assesses according to the facts of the file.
If the agent collects money under the power of attorney and then uses it for something other than the purpose for which it was handed over, the dispute may move from the civil sphere into The Crime of Breach of Trust in Jordanian Law, and the legal characterization of the facts depends on the text of the power of attorney itself and on what is proven about the handover of the money and its purpose. Do not sign a general power of attorney for a relative to complete a single transaction before a lawyer assesses whether a special power of attorney is enough.
7. Frequently Asked Questions
Can a power of attorney from the USA for Jordan be made without traveling to Jordan?
Yes, either at the Jordanian embassy or through authentication in the country of residence that ends with legalization by the Jordanian embassy, as set out above. The wording of the power of attorney is what the lawyer settles.
What is the difference between a general power of attorney and a special power of attorney?
A special power of attorney is limited to a specific matter or matters and their necessary incidentals, and a general power of attorney covers every matter capable of being delegated, except gifts, which must be expressly authorized (Article 836).
Is a power of attorney prepared before a US or Canadian notary public accepted in Jordan?
It is accepted after it is authenticated in its country and then legalized by the Jordanian embassy. But legalization does not mean the content is valid, so the power of attorney may be refused if the requested transaction does not fall within its text.
May an agent under a general power of attorney give the principal's property to someone else as a gift?
He may not, unless the power of attorney expressly authorizes the gift, because the general power of attorney permits exchanges for value and dispositions, except gifts (Article 836).
Can someone living in Canada cancel a power of attorney given to a relative in Jordan?
Yes. The principal may revoke his agent whenever he wishes, as long as no right of a third party is attached to the power of attorney and it was not issued in the agent's favor (Article 863), with liability for harm if the revocation is at an unsuitable time or without an acceptable justification (Article 864).
Does a power of attorney end on the death of the principal?
Yes. It ends on the death of the principal or his loss of legal capacity, unless a right of a third party is attached to the power of attorney (Article 862).
Does the Jordanian embassy prepare an irrevocable power of attorney?
The instructions of the Jordanian Embassy in Ottawa state that it neither prepares nor legalizes irrevocable powers of attorney. This power of attorney is also no longer entered in the land register for acts that transfer ownership of real property after the transitional period set by the Real Estate Ownership Law No. 13 of 2019 and its amendments.
Legal Consultation
A power of attorney from abroad is sensitive on both sides: for the principal living in the USA or Canada, a single phrase may give the agent authority over his property that he never intended, and for the agent in Jordan, he may find himself before a department that refuses the power of attorney, or facing liability for an act that went beyond its limits. What is registered in Jordan under a power of attorney that is valid in form is hard to undo from abroad once it has happened. For legal consultation in civil cases, or to learn about the rules on the Nullity of Property Transactions Under Jordanian Law and what changes in Legal Matters in Jordan for People Living in the USA and Canada, you can contact Alabwini Law Firm & Legal Consultancy.
