What authorities or powers will my agent have?
An attorney or agent has authority on the terms that a durable power of attorney provides. this may be in managing the property and financial affairs of the principal with his or her best interests in mind.
An agent doesn’t have any power to do the following:
- Create a will on behalf of the principal
- Do any action that is considered illegal
- Create a lifestyle, treatment, or personal decision e.g. accommodation decision
- Deal with a property that is held in trust as per the principal
- Delegate authority that is provided for in the durable power of attorney
- Perform the roles of a secretary or director of a business on behalf of a principal unless it is authorized for by the organization’s by-laws or constitution
You should know: How to get Special power of attorney
My conditions let me lose and regain my capacity at certain times. Can I still make a durable power of attorney in UAE?
In certain situations wherein the ability of someone in making reasonable decisions can fluctuate depending on a condition’s severity, for instance with mental illness, it is still possible to create a power of attorney that’s considered durable. In such a case, the attorney or agent will be able to assume the role of making decisions with the best interests of the principal in mind when he or she is unable to do so. The decision-making will revert back to the principal and the attorney will cease in making decisions when the principal is able.
If this is the situation that you are currently in, it is best to clarify directions in your durable power of attorney in UAE. For example, include the direction: “when my doctors say I lack the capacity in handling certain tasks, my attorney can act on my behalf.”
What will happen if there‘s doubt regarding my capacity in continuing decision-making for myself?
If there’s uncertainty regarding your capacity as a principal in making decisions for yourself, then a doctor or general practitioner can be asked in making an assessment over your capacity. The doctor may also provide a referral for you to see a specialist that can assess your capacity better.
If it is still unclear whether you are capable, then an application can be made for local courts to decide regarding your capacity.
In some cases, local courts may decide while you’re still able to make specific kinds of decisions, you’re unable to make a reasoned judgement regarding other aspects, for instance, having the ability to manage aged care pension except for the managing of investments or managing the sale of a property.
When does a durable power of attorney in UAE come into effect?
The principal or the person that is making a durable power of attorney in UAE has to decide whether a durable power of attorney would come into effect as soon as possible or during a time when capacity is lost by the principal.
If the principal chooses to make the POA come into effect once he or she loses capacity, a claim or application can be made with the- local court in confirming the loss of capacity. The local court can also provide a declaration that the durable power of attorney created in UAE is in force.
Who will be able to witness a durable power of attorney in UAE?
A durable power of attorney in UAE has to undergo power of attorney notarization. It also has to be signed with two independent individuals witnessing the signing. The witnesses have to be of legal age and with full legal capacity.
What should I do if I’m not available for the signing of a durable power of attorney?
Special provisions can apply for when a person that is executing a durable power of attorney (POA) isn’t able to sign by his or her name as:
- The person can understand the language used in the document but isn’t able to write;
- The person understands the language used in the document but isn’t able to write or read;
- The person doesn’t understand the language used in the document and can’t write either;
- The person doesn’t understand the language used in the document but is able to write
In such a case, it is best to seek legal advice in order to prepare a durable power of attorney that is comprehensible to all those parties that are involved.
Is there a need for me to register a durable power of attorney?
There’s no need in registering a durable power of attorney; however, it has to be notarized. Also, there is a need to make sure that the power of attorney Dubai contains all provisions that make it legally valid.
Call us here in HHS Lawyers if you require assistance with the legal drafting of a durable power of attorney in UAE.