A power of attorney can expire depending upon the type of Power of Attorney granted. A Power of Attorney may be limited to a specific transaction or may mention an expiration date after which its powers are no longer valid. A Power of Attorney continues to be in force until it is revoked or expires according to its terms. The expiration of a particular Power of Attorney also depends on the laws of the country in which the power is being used.
Expiration of a general power of attorney
The owner of the general power of attorney offers broad powers that allow the agent to perform every action and sign almost any document the holder could have done if personally present. This type of power of attorney does not expire even if the holder of such a document becomes incompetent unless the general power of attorney has a specific expiration date or if the principal revokes it in writing. Expiration of power of attorney is only valid if there are specific clauses that mention the expiry of the legal document.
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Expiration of special power of attorney
Specific or limited power of attorney is used for performing limited or specific transactions. Such power of attorney may expire automatically after fulfilling specific duties. The specific power of attorney can be issued for a limited time, which may mention an expiration date after which the powers are no longer valid.
A Power of Attorney may expire in any of the following situations:
The principal dies of POA
Powers of attorney expire as soon as the principal dies. No power of attorney survives the death of the principal regardless of the holder of the power of attorney wishes or intended to keep the powers in force. The agent can still enter into binding agreements as long as the agent is unaware of the principal’s death.
Agent dies
In the event of the death of the agent, the power of attorney may expire. The powers automatically expire when the holder is not able to find a substitute or alternative for the agent.
Revocation of power of attorney
The principal or the agent has the right to revoke the power of attorney for specific reasons. It is a written confirmation to cancel the powers granted to the agent (the person appointed to act as a power of attorney).
The accomplishment of the purpose
In such cases, the power of attorney may expire when is used for a specific transaction. For example, a principal may name an agent to sign closing documents for one real estate transaction. Once the transaction is complete, the powers expire.
Court Order:
It is possible for a power of attorney to be ruled invalid by a competent court. This would usually happen if it could be proven that the owner was of unsound mind or had been unduly influenced or illegally misrepresented for personal causes.
If the agent quits
In some cases, an agent has the right to quit from his obligation granted, if the holder of the power of attorney is mentally incapable to perform his obligation towards the agent.
Incapacity of principal (owner of power of attorney)
In order to grant someone else the power of attorney, a principal must be of sound mind. This means the principal should be legally capable of understanding the terms of the document. Once the principal loses this ability to make decisions, he or she can no longer grant powers of attorney. Any powers granted by the principal prior to becoming incapacitated are automatically revoked. there is one key exception to this rule. If a principal granted a general power of attorney, the agent can still make decisions even if the principal later becomes incapacitated.
Power of attorney services in the UAE
There are several other reasons for expiry of a power of attorney in UAE. if you have any doubt regarding the expiry of a power of attorney you can contact HHS lawyers and legal consultants. Our lawyers can help you draft a power of attorney for simple tasks or for special procedures. Please contact our law firm in UAE for more information regarding the expiry of your document.
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FAQ’s
How long does a Power of Attorney last in the UAE?
A Power of Attorney (POA) in UAE is not limited to a certain period of validity unless specified in the document. It stands valid until:
The expiry date as indicated in POA (where applicable).
Dismissal by the principal.
Death or disability of the principal.
Is it possible to have a POA issued to cover a certain time period?
Yes, a POA may have a definite term of validity like:
6 months
1 year
Until a given task is accomplished.
It relies on the intention of POA and the instructions of the principal.
What would occur in case there is no period of validity in POA?
In case no time frame is indicated, the POA is deemed to be valid until it is legally removed or abrogated.
Does POA automatically expire after some time in UAE?
No, POA will not necessarily expire unless:
There is a mentioned period of validity.
The purpose of the POA is completed (in case of specific POA)
What is a Special Power of Attorney (SPA)?
A Special Power of Attorney is normally valid:
Until the completion of the particular task.
Or until the expiry date mentioned in the document
When the purpose is served, it might cease to be legally effective.
How valid is a General Power of Attorney (GPA)?
A General Power of Attorney has permanence:
For ongoing authority
Until cancelled by the principal.
Or until termination conditions in law arise.
Is it possible to revoke a POA prior to its expiry?
Yes, a POA can be revoked at any time by the principal through:
Formal revocation document
Notarization of revocation
Report to the agent and other authorities.
Does POA lapse or is it invalidated upon the death of the principal?
Yes, POA is automatically invalidated by:
Death of the principal.
Loss of legal capacity (mental incapacity)
Is renewal required for a POA in UAE?
Renewal is only required if:
The POA has an expiry date
A new authority needs to be granted
Otherwise, indefinite POAs do not have to be renewed.
Is it possible to confine POA to one transaction?
Yes, a POA can be drafted for:
Property sale
Court representation
Business transaction
Such POAs automatically end after completion of the task.
Does notarization have an impact on POA validity duration?
The legality of the POA is verified by notarization but does not determine when it lapses unless provided in the document.
Is the use of a foreign POA possible in UAE?
Yes, but must be:
Notarized in the home country
Certified by UAE Embassy.
MOFA attested in UAE
It is valid to the extent to which there are terms stated in the document.
How can POA validity be defined in the safest manner?
It is recommended to:
Clearly mention duration
Establish areas of responsibility.
Include revocation terms
This avoids misuse and legal disputes.
Should POA be drafted by a lawyer in UAE?
Yes, jurists are sure:
Correct drafting and validity provisions.
Adherence to the UAE law.
Protection against misuse
