If you are searching for a lasting power of attorney in the UAE, the first point to understand is that a Lasting Power of Attorney, commonly called an LPA, is not the same as a standard UAE Power of Attorney.
The term “Lasting Power of Attorney” is most closely associated with the legal system of England and Wales, where an LPA can be created for property and financial affairs or for health and welfare. A UAE Power of Attorney operates under a different legal framework and should not automatically be treated as a document that continues after the principal loses legal capacity.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal arrangement used in England and Wales that allows a person, known as the donor, to appoint one or more attorneys to make certain decisions on their behalf.
There are two main types:
- Property and financial affairs LPA: covers matters such as bank accounts, bills, investments and property.
- Health and welfare LPA: covers matters such as medical care, daily welfare and living arrangements.
These categories should not be confused with the types of Power of Attorney used in Dubai and the UAE. UAE POAs are generally drafted around the particular powers and transactions the representative must carry out.
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Does a Lasting Power of Attorney Apply in the UAE?
A UAE Power of Attorney should not be described as “lasting” merely because the principal wants the representative to continue acting if the principal later loses capacity.
The current UAE Civil Transactions Law, issued under Federal Decree-Law No. 25 of 2025, regulates agency relationships. Article 897 provides that an agency generally terminates in circumstances including completion of the authorised work, expiry of its stated term, death of the principal or loss of the principal’s legal capacity.
UAE law also recognises that an agency may be general or special, conditional or deferred to a future time. However, this does not make a UAE POA equivalent to an England and Wales LPA that is specifically designed for circumstances involving loss of mental capacity.
Lasting Power of Attorney vs UAE Power of Attorney
| Point | Lasting Power of Attorney | UAE Power of Attorney |
|---|---|---|
| Legal framework | Commonly refers to the England and Wales LPA regime | Governed by applicable UAE laws and notarial requirements |
| Common categories | Property and financial affairs; health and welfare | General, special and transaction-specific powers |
| Loss of capacity | Designed to operate within the relevant LPA rules when capacity is lost | A UAE-law agency generally terminates if the principal loses legal capacity |
| Typical uses | Future financial or welfare decision-making | Property, company, banking, vehicle, court and other authorised transactions |
What About Property and Financial Affairs?
People searching for a lasting power of attorney for property and financial affairs are often looking for a way to let someone manage bank accounts, property, payments or investments if they are unable to do so themselves.
In Dubai, a Power of Attorney can authorise another person to carry out specified property, financial or administrative transactions, provided those powers are legally capable of delegation and are clearly included in the document.
For example, a property owner may grant authority to another person to complete certain real estate transactions, while a business owner may authorise a representative to carry out specified company or administrative matters.
The exact wording is important because some acts require specific authority rather than broad or general wording.
What About a Lasting Power of Attorney for Health and Welfare?
A “health and welfare LPA” is a specific England and Wales concept. It should not be presented as a standard UAE Power of Attorney category.
Anyone seeking to arrange future medical, welfare or personal decision-making in the UAE should obtain advice on the legal mechanism appropriate to their circumstances rather than assuming that a general or financial UAE POA will provide the same powers as a foreign health and welfare LPA.
Can a Foreign Lasting Power of Attorney Be Used in Dubai?
A foreign LPA should not be assumed to be automatically usable for a transaction in Dubai. Whether it can be relied upon will depend on the document, the law under which it was issued and the requirements of the UAE authority, bank, court, developer or other institution receiving it.
Depending on where the document was issued and how it will be used, it may need to pass through the applicable notarisation, authentication or legalisation process and may also require UAE Ministry of Foreign Affairs attestation and a legally certified Arabic translation.
For Dubai notarial procedures, foreign documents used to establish a representative’s capacity may be subject to applicable attestation and legal-translation requirements. The document should therefore be checked for the intended UAE transaction before relying on it.
Notarisation, Attestation, Authentication and Legalisation: What Is the Difference?
These terms are related but they do not mean exactly the same thing.
| Term | What It Generally Means |
|---|---|
| Notarisation | A notarial process used to verify the parties, their capacity and the execution or signature of a document where required. |
| Authentication | Verification that a signature, seal, certificate or issuing authority is genuine. The exact process depends on the jurisdiction and document. |
| Attestation | In the UAE, this commonly refers to certification by the Ministry of Foreign Affairs or a UAE mission of the authenticity of official signatures and seals. |
| Legalisation | The broader cross-border process used to prepare a document for official use in another country. It can involve several verification or attestation stages. |
This distinction is particularly important for a Power of Attorney created outside the UAE. A document being notarised abroad does not necessarily mean that it has completed all the steps required for use in Dubai.
How Is a UAE Power of Attorney Notarised?
Dubai Courts provides a Power of Attorney ratification process through its notarial services. The process generally involves submitting identification and supporting documents, verification of the parties’ capacity and eligibility, payment of the applicable fees and completion of the required signing procedure.
Requirements differ according to the type of POA and the transaction involved. You can read more about how a Power of Attorney is notarised in the UAE.
What Should Business Owners Know About a UAE Power of Attorney?
Business owners can use a Power of Attorney to delegate defined business activities when they cannot personally attend to a transaction or administrative matter.
Depending on the scope of authority, a company-related POA may cover matters such as dealing with government departments, signing specified documents, handling licensing procedures or carrying out other expressly authorised activities.
However, a business owner should not rely on an ordinary UAE POA as though it were automatically a lasting or durable instrument that will remain effective after loss of legal capacity. Business continuity planning should consider the company’s constitutional documents, authorised signatories, management structure and other appropriate legal arrangements in addition to any POA.
Can More Than One Person Be Appointed Under a Power of Attorney?
More than one agent may be appointed, but the document should clearly state how they are authorised to act.
If multiple agents are appointed, the drafting should address whether they may act separately or whether they must act together. This is particularly important for property, banking and company transactions, where unclear authority can cause delay or rejection.
What Should a UAE Power of Attorney Include?
The contents depend on the purpose of the document, but a properly prepared POA will usually identify:
- the principal granting the authority;
- the agent or representative receiving the authority;
- the specific powers being granted;
- the transaction, property, company or matter concerned, where applicable;
- any restrictions on the agent’s authority;
- whether multiple agents act jointly or separately, if relevant;
- the duration or expiry provisions, where applicable; and
- any supporting information required by the relevant authority.
The wording should match the actual transaction. Broad wording should not be relied upon where the particular act requires specific authority.
Does a Power of Attorney Continue After the Principal Loses Capacity?
For a UAE-law agency, loss of the principal’s legal capacity is generally a ground for termination under the current Civil Transactions Law. This is one of the main reasons why an England and Wales LPA should not simply be equated with a UAE POA.
If future incapacity is the principal concern, the appropriate legal planning should be considered separately rather than assuming that adding the word “lasting” or “durable” to a UAE POA changes its legal effect.
Does a Power of Attorney Continue After Death?
No. A Power of Attorney is not a substitute for succession planning. Under UAE agency rules, the principal’s death generally terminates the agency.
An England and Wales LPA also ends automatically when the donor dies. From that point, the deceased person’s estate is dealt with through the applicable succession and estate-administration process rather than by the attorney acting under the LPA.
What Should You Consider When Choosing an Agent?
The person receiving authority under a POA may be given significant responsibility, so the choice should be made carefully. Useful considerations include:
- trustworthiness and reliability;
- willingness to accept the responsibility;
- ability to carry out the specific transaction;
- availability when documents or signatures are required; and
- ability to work with any other appointed agents.
The agent can only act within the authority lawfully granted by the POA. For important transactions, the document should be drafted around the exact powers the receiving authority requires.
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Check the POA Before You Rely on It
If you already have an older Power of Attorney or a foreign LPA that you intend to use in Dubai, check the document before beginning the transaction. Its wording, validity, attestation, translation and the requirements of the receiving authority can all affect whether it will be accepted.
See our guide on checking whether a Power of Attorney is still valid in Dubai.
If you need a Power of Attorney prepared for a specific transaction in Dubai, our team can assist with drafting, notarisation and the applicable document formalities. Speak to our Power of Attorney team about the intended use of the document.
