Who Should be My Attorney-in-Fact or Agent?
The person that you select as your agent or attorney will be entirely up to you. A d factor partner or spouse is most common, but another family member, a close friend, a trustee company, lawyer, or accountant can be the agent as well. It is not advised for a principal to appoint more than 2 people to be the agent at a time. As you are selecting your agent, we recommend you provide special consideration with the questions below:
- Is the person I want to appoint as an agent willing in taking on responsibilities that I am providing from the power of attorney?
- Is the person at least eighteen years old?
- Is he or she likely to act with my best interests in mind?
- Is he or she trustworthy?
- Is he or she competent in dealing with property and financial matters in relation to my estate?
- Is he or she competent in taking the task of preserving and keeping accurate accounts and records of transactions and dealings that are made under my enduring POA?
- Is the person living near me for him or her to discharge responsibilities that are stated in the durable power of attorney?
- Will my choice for an agent or attorney result to a conflict with family members?
- Are there restrictions and conditions that have to be placed on the attorney?
Can an Individual with a Disability in Making Decisions Make a Durable Power of Attorney in UAE?
In order to be able to create a durable power of attorney in UAE, an adult has to have full capacity legally. This essentially means an individual has to know and understand the following:
- The extent and nature of own estate such as financial assets, property and land;
- The fact that a durable power of attorney can give an agent or authority complete authority or power in dealing with aspects of property and financial matters provided that dealings are within the best interests of the principal or person that creates the durable power of attorney
Adults that have impaired abilities in decision making like people with dementia, psychiatric condition, acquired brain injury or intellectual disability may not be capable of executing a durable power of attorney. For people with mental illnesses, capacity issue can be very complex especially with the ability in making reasoned decisions which fluctuates depending on the illness’ severity.
Any doubt on the capacity of a person making a power of attorney, most especially a durable one, can make a document be taken up to court. The court may find that the legal document hasn’t been created properly and it will be revoked as a consequence.
Also Read: Uses And Protection Of Power Of Attorney
What Should I be Doing if There’s Doubt Surrounding My Ability in Making a Durable power of attorney in UAE?
If you’re considering of creating a durable power of attorney in UAE but your capacity in doing so may be questioned, you’re advised in seeking the opinion of a doctor that is qualified in assessing your ability and in determining if you’re able to create the legal document.
There’s no specific assessment for capacity that is related to the creation of a durable power of attorney in UAE and it would be up to a health expert assessing the capacity of a person in deciding the test that is suitable.
When seeking for opinion, it is advised to tell the doctor of the intention for creating a power of attorney. There is also the need for a written report from the doctor for the assessment that states clearly of whether or not the person wanting to create a POA has the capacity.
If you are required in getting your capacity assessed by a doctor and you don’t speak the native language or local language of the place you are in, then it’s best if you seek the help of an interpreter in attending the capacity assessment with you. Take note: the interpreter has to be reputable and established, so seek the recommendation of those around you, especially family members that only want your best interests.
If you’re assessed with a doctor as having legal capacity in making a durable power of attorney in UAE, it’s also best that you do the following:
- Make the doctor that made the assessment become one of the people that will witness the durable power of attorney signing;
- Make the durable power of attorney immediately or as soon as the capacity assessment has been done;
- Keep a copy of the assessment of the doctor regarding your capacity with a durable POA in order to make sure that those who will review the POA will be made aware regarding your capacity in making it.
If you’re assessed by the doctor as not having the capacity in making a durable power of attorney, then you’ll be unable in making a durable power of attorney in UAE.
Call us here in Notary Public Dubai if you have any more questions!