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

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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.

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What happens if theres no durable power of
attorney in place?

• If a person doesnt have a durable power of
  attorney in place and theres 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
  persons 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. 

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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. 

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

• No, a durable power of attorney in UAE ends on
  the principals 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 principals estate and hand over the
  relevant documentation to the wills executor. If
  youre named as the principals will executor
  then your function will be finalizing the estate
  of the principal as the executor instead of the
  agent or attorney.  

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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.  

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

• Divorce or separation wont affect a durable
  power of attorneys validity. A principal who
  wants the durable power of attorney in UAE to
  continue doesnt 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.  

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Thanks

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