A lot of people have questions, most especially older adults and family members as they are planning their care needs in the future. Powers of attorney can be very confusing. There are also various misconceptions out there. Misconceptions that pertain to powers of attorney can create massive issues when emergencies arise. In this article, we’ll help address the common misconceptions about power of attorney including medical power of attorney.
Misconceptions About Power of Attorney
1: Rights and Independence of Principal are Forfeited When Signing a Power of Attorney in UAE
Principal is the person who assigns authority to another person or entity whereas agent is the person/entity who got the authority. A power of attorney’s scope may be narrow or broad, greatly depending on your personal preference. For instance, Courts require an official statement from the doctor before declaring principal is incompetent.
2: Senior Citizens or the Elderly are the Only ones that Require Powers of Attorney in UAE.
This is not true at all. This is because unforeseen illnesses and accidents may strike at any time and at any age. To ease the complication, You will need to have a solid plan. It is not correct to assume that the spouse will have automatic power in making decisions on behalf of an individual. It’s going to be a lot more difficult if there is no power of attorney given.
3: It is Alright to Sign and Create a POA Even when I’m Lacking Mental Capacity.
In order for a power of attorney in UAE to be valid, a person granting rights or powers has to have the mental capacity in executing a document. Power of attorney for mentally incapable people if the documents were signed prior to the occurrence. This is the reason why there has to be a lasting or durable power of attorney in place.
4: Healthcare and Durable POA are the Same.
This is not true. A lasting or durable power of attorney is often used for actions and decisions that are related to assets and properties. The document will be outlining the description of the person who will make decisions that are in relation to the business and finances of the principal. A healthcare POA in UAE, on the other hand, grants family members or trusted friends with the ability in making decisions related to healthcare.
5: Powers of Attorney on the Internet are Sufficient.
A family member of a principal can turn to online sites in order to obtain powers of attorney. This is not the recommended route. A power of attorney has to address individual concerns of a principal. Every person’s situation or purpose for a POA is unique. There are also institutions that don’t consider powers of attorney that are too broad to be legal. If you want to know for sure that you have a power of attorney that is not too ambiguous or general, then you have to contact a team for legal drafting in UAE.
Remember: Documents that do not provide precise and clear authorization will lead family members and all those that are concerned into pitfalls that are very costly. Agent cannot reverse the legal dilemmas if power of attorney in already created.
Attest the power of attorney inorder to prove its authenticity in UAE. Our team can help with power of attorney attestation in Dubai! To know more, read on to find frequently asked questions or contact us here in Notary Public Dubai!
How can I make a power of attorney in UAE legal?
You can make power of attorney legal with the signature of all the concerned parties in the midst of public notary. Signatories need to present their valid IDs (Emirates ID and passport).
Can I use the Power of Attorney abroad?
You can use the power of attorney made in UAE abroad. It has to be signed in front of the notary public. Then, A foreign office has to attest it. It’ll then be taken to a UAE embassy in the jurisdiction in which the POA will be used. The document may be translated into the county’s official language where it’ll be executed.
Manal Elysyed carries with her an extensive experience of 20 years across a full range of notarial and legalization matters. It is this experience that helps her in delivering the right notary solutions to clients from diversified industries.