A Power of Attorney can be used to give a trusted family member legal authority to handle specific matters on your behalf in the UAE. The person appointed may be a spouse, adult child, parent, sibling or another relative, provided the applicable legal and notarial requirements are met.
Being related to someone does not automatically give you authority to manage their bank accounts, property, business matters or official transactions. The authority must come from the Power of Attorney itself or another valid legal basis.
The scope is therefore important. A Power of Attorney prepared for a family member should give the relative only the powers they actually need for the transactions they are expected to handle.
Why Give Power of Attorney to a Family Member?
People often appoint a relative because they already know and trust that person and need someone who can act for them when they are unavailable.
A family-member POA may be useful where:
- you live or spend significant time outside the UAE;
- a relative needs to manage property or complete a transaction while you are away;
- someone needs to deal with a bank, company or government authority on your behalf;
- you need another person to sign or submit documents for a defined matter;
- you want a trusted relative to manage specified affairs for a limited period; or
- age or health makes it practical to arrange assistance while you still have full legal capacity.
The POA should be prepared before the authority is needed. It should not be assumed that a relative will automatically be permitted to act simply because they are a close family member.
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Who Can You Appoint as Your Agent?
The person receiving the authority is commonly referred to as the agent or attorney. Depending on the circumstances, this may be your spouse, adult son or daughter, parent, sibling or another trusted person.
The choice should be based on more than the family relationship. Consider whether the person is capable of handling the responsibilities involved and whether you are comfortable giving them access to the particular matters covered by the document.
For example, authority to submit documents to a government department carries a very different level of responsibility from authority to sell property or deal with bank accounts.
What Can a Family Member Do Under a Power of Attorney?
The answer depends on what the document actually authorises.
A family member may be given authority for matters such as:
- managing or dealing with specified property;
- handling defined banking or financial transactions where accepted by the bank;
- dealing with government departments and administrative procedures;
- representing the principal in specified company or business matters;
- handling vehicle-related transactions;
- signing or submitting particular documents; or
- representing the principal in another clearly identified transaction.
Not every power should be granted automatically. The wording should reflect the purpose of the appointment and the requirements of the organisation where the document will be used.
General or Special Power of Attorney for a Family Member?
General Power of Attorney
A General Power of Attorney can give the family member authority across several specified areas of the principal’s affairs.
Although it is broader than a Special POA, it should not be treated as unlimited authority. Banks, courts, property authorities and other organisations may still check whether the particular act being attempted is expressly covered by the document.
Special Power of Attorney
A Special Power of Attorney limits the agent’s authority to a particular transaction or defined purpose.
This may be more appropriate where a family member only needs to complete one matter, such as dealing with a particular property, vehicle, company procedure or official application.
Limiting the authority can reduce the risk of the agent being able to take actions that were never intended by the principal.
Power of Attorney for an Elderly Parent
An elderly parent can appoint a family member while they have the legal capacity to understand and approve the document.
This can be useful where the parent wants assistance with specified property, financial, administrative or business matters but still wishes to decide in advance exactly what authority the family member will receive.
However, an ordinary UAE Power of Attorney should not be treated as an enduring or lasting POA that automatically remains valid if the parent later loses legal capacity.
Under the current UAE Civil Transactions Law, an agency generally ends if the principal dies or loses legal capacity, subject to limited statutory exceptions.
What If the Family Member Has Already Lost Legal Capacity?
A new POA cannot simply be used to bypass a lack of legal capacity.
Dubai Courts’ current Power of Attorney procedure states that where a party is legally incapacitated, their legal guardian may act on their behalf after obtaining approval from the competent authority.
This is different from the person signing a new POA themselves. Where capacity has already been lost, the appropriate court or guardianship procedure may therefore need to be considered.
Can a Family POA Cover Healthcare Decisions?
A standard UAE Power of Attorney should not be described as a lasting healthcare POA that automatically authorises a relative to make medical decisions after the principal loses capacity.
If the concern is future medical decision-making or incapacity planning, the applicable healthcare, guardianship and capacity rules should be considered separately.
For that reason, simply adding broad wording such as “healthcare decisions” to a family POA should not be assumed to create the same legal arrangement as a lasting or medical power of attorney used in some other countries.
Does a Power of Attorney Continue After Death?
No. An ordinary agency generally ends when the principal dies.
The appointed family member therefore cannot continue using the POA to deal with the deceased person’s estate as though the principal were still alive. After death, estate and inheritance procedures apply, and the necessary authority must come through the relevant succession process.
A POA and a will also serve different purposes. A POA authorises someone to act during the agency relationship, while a will deals with matters arising after death.
How to Set Up a Power of Attorney for a Family Member in Dubai
1. Decide What the Relative Needs Authority to Do
Start with the actual transactions rather than giving broad authority by default.
If the family member only needs to manage a property, submit documents or complete one government procedure, the POA can be limited accordingly.
2. Prepare the POA and Supporting Documents
The required supporting documents depend on the type of authority being granted.
Dubai Courts currently lists documents such as identification for the parties and, depending on the transaction, title deeds, trade licences, vehicle documents and other supporting records.
3. Complete the Notarisation Process
The POA must complete the applicable notarial procedure before it can be used as an attested Power of Attorney.
Dubai Courts’ current POA ratification process includes verification of the parties’ identity, capacity and knowledge of the document.
Can a Family Power of Attorney Be Notarised Online?
Eligible Power of Attorney transactions can be processed through Dubai Courts’ electronic notary system.
For online attestation, the concerned parties must currently hold valid Emirates IDs. Where a party only has a passport and no Emirates ID, Dubai Courts requires that person to appear before the Notary Public.
Depending on the application, the transaction may proceed through document review, virtual attendance or personal attendance. The online notary procedure in Dubai can therefore vary according to the documents and identification available.
What If the Family Member or Principal Is Outside the UAE?
A POA signed outside the UAE can involve additional formalities before it is accepted for use locally.
Dubai Courts currently requires foreign-issued supporting documents to pass through the applicable authentication process involving the competent authorities in the issuing country, the UAE Embassy in that country and the UAE Ministry of Foreign Affairs.
Documents that are not in Arabic also require a legal Arabic translation certified by the UAE Ministry of Justice for the Dubai Courts notarial procedure.
Before Giving a Family Member Power of Attorney
- Be clear about exactly what the family member needs to do.
- Avoid granting broader authority simply because the agent is a relative.
- Check whether major actions such as selling property or receiving money need specific wording.
- Consider using a Special POA where the authority is only needed for one transaction.
- Check the requirements of the bank, property authority or government entity where the POA will be used.
- Do not rely on an ordinary POA as a document that will automatically continue after death or loss of legal capacity.
Choosing the Right Scope for a Family POA
A family relationship may provide trust, but the document itself determines the legal authority. The safest approach is usually to give the relative enough authority to complete the intended matters without adding unrelated powers.
Before the document is notarised, check the names, identification details, scope of authority and any transaction-specific wording required by the organisation where the POA will ultimately be used.
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Frequently Asked Questions About Power of Attorney for Family Members
Q1: Can I give Power of Attorney to a family member in the UAE?
A: Yes. A spouse, adult child, parent, sibling or another suitable person can be appointed, subject to the applicable legal and notarial requirements.
Q2: Does my spouse automatically have Power of Attorney?
A: No. Marriage itself does not automatically give one spouse authority to act on behalf of the other in all legal or financial matters.
Q3: Can I give Power of Attorney to my adult child?
A: Yes, provided the applicable capacity and notarial requirements are met and the document clearly states the powers being granted.
Q4: Can a family POA continue if the principal becomes incapacitated?
A: An ordinary UAE agency generally ends if the principal loses legal capacity, subject to limited legal exceptions.
Q5: Does Power of Attorney continue after the principal dies?
A: No. An ordinary POA generally ends on the principal’s death, after which the applicable estate and succession procedures must be followed.
Q6: Can a Power of Attorney for a family member be completed online?
A: Eligible transactions can be processed electronically, although virtual or personal attendance may still be required depending on the parties and identification available.
