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durable power of attorney

Durable Power of Attorney in UAE: Answers to Your Common Questions

Is it possible to revoke a durable power of attorney in the UAE?

Provided that the principal has legal capacity in making decisions, a durable power of attorney in UAE can be revoked at any time. 

A principal or person providing authorization to another individual or entity in carrying out certain tasks and decisions has to provide notifications to the agent or person authorized. The notification has to be done in writing stating that the power of attorney will be revoked. Notifications are to be sent out to agencies as well, and relevant people. Keep one or two copies of the revocation together with lists of people and entities to which the written revocation was sent. 

If the durable power of attorney was already lodged with certain institutions e.g. banks, there may be a need to settle the payment of record filling. It is best to talk to every single one of the people and agencies that will be affected by the revocation of a durable POA.   

What happens if there’s no durable power of attorney in place?

If a person doesn’t have a durable power of attorney in place and there’s concern regarding the ability of the individual in decision making with respect to financial and property management, then another person can lodge an application for his or her appointment with the local court. 

There is a need for advice regarding the appointment of a new administrator for the person’s assets. If you need help with this, we suggest you talk to a legal consultant or lawyer specializing in the power of attorney in UAE. 

How to Deal with Disputes Over Power of Attorney in UAE

What should I do if I have assets that are outside the UAE?

It is recommended for residents of the United Arab Emirates with assets outside the country to seek the legal advice of lawyers and legal consultants in UAE. Inquire on whether a UAE durable power of attorney will be recognized in the jurisdictions where the assets and properties are. If not, then the execution of the durable POA will be under the laws and regulations of the jurisdictions where the properties are located.  witnessing or notarization requirements can also vary between different jurisdictions. 

For those who are living outside of the UAE but have assets within the country, it is best to have a UAE power of attorney in UAE executed. 

Do I have to continue being an agent if the principal died?

No, a durable power of attorney in UAE ends on the principal’s death. This means the role you are given of being an agent or attorney will immediately end when the principal dies. At this point, provisions of the will of the principal will take over. 

It is to be expected of the agent or attorney to secure the principal’s estate and hand over the relevant documentation to the will’s executor. If you’re named as the principal’s will executor then your function will be finalizing the estate of the principal as the executor instead of the agent or attorney.  

Where can I make a durable power of attorney?

A durable power of attorney drafting in UAE is provided for by legal drafting experts in the country. Although you would be able to find templates online, they are not tailored to the needs and requirements of the principal which are unique in nature. 

Also, the language used in a durable power of attorney is crucial in determining whether it limits the actions of the agent or will be abused by the agent. Safeguard your property and assets with a properly drafted durable power of attorney in UAE. 

Take note: a power of attorney that is drafted by a team of legal experts can also make sure that the legal document will be considered valid in the eyes of the law.  

What happens if I’m going to separate from the attorney or agent that I appointed?

Divorce or separation won’t affect a durable power of attorney’s validity. A principal who wants the durable power of attorney in UAE to continue doesn’t need to take action. 

However, if the principal does not want the former spouse or partner to be the attorney or agent any longer, then there is a need to undergo the revocation of a durable power of attorney. 

If the parties that have divorced or separated involve a principal that is no longer capable mentally or physically, then the case may be taken to the court in order for a person with authority to decide on whether a durable power of attorney will continue or not.  

There are a lot more questions that were sent to us. The ones we answered above are the most common and we hope we shed some light onto the topic. For concerns regarding the power of attorney in UAE or guidance with power of attorney drafting in UAE, contact us here in HHS Lawyers.

M. Al Khairy, LL.B. is a Senior Partner of HHS Lawyers in UAE. Practicing law for almost a decade, he has in-depth knowledge on UAE legislation with particular expertise on legal drafting, contract drafting, labor disputes, family law, and regulatory compliance for business organizations. Al Khairy also provides counsel on legal rights and obligations in the UAE to clients, including individuals and businesses subject to investigation or prosecution under Criminal Law by major regulators. Read more