How to Acquire a Power of Attorney in UAE When a Person is Incapacitated

If someone really won’t be able to manage his or her own affairs, you’ll be able to help manage them by arranging a power of attorney. You will usually be monitored in order to make sure you are always acting in another person’s best interests. You will also be given restrictions on the kinds of decisions you will be able to make financial-wise.

Take note: Each case is unique.

Before you can start, you’ll have to check first if the person you will be helping through a power of attorney in UAE has really lost his or her ability in making decisions. 

Also Read: Power Of Attorney: What You Can And Cannot Use Them For

Checking if a Person Has Lost His/Her Mental Capacity

Generally, a person with mental capacity and provides you authority through a general or ordinary POA in UAE will allow you in taking over his/her affairs once he/she has lost the capacity. In order to assess the ability of a person in making decisions, you should check on whether the person can do the following:

  • Understand the type of decisions that might have to be made related to important matters such as property and assets 
  • Weigh the advantages and disadvantages on decisions that involve money and health 
  • Communicate with you in making the decisions clear (blinking of an eye and squeezing of hand are considered as communication) 

If a person can do all these things, then the law says the person has capacity in making his or her own decisions.

What to Do if the Person Doesn’t Have Mental Capacity?

If you are sure someone does not have mental capacity, you’ll still be able to acquire rights in managing the person’s affairs; however, you’d have to involve the court in getting this right. Here are the steps that you need to follow in order for you to accomplish the task:

Step 1: See if there is an Existing POA

The person whom you are sure has already lost mental capacity may have a lasting or enduring power of attorney created. If you can ask the person’s family members, lawyers, or doctors, that would be great. If they won’t be able to tell you, check with the authorities or official body in the jurisdiction where the person resides. In UAE, the UAE embassy may be inquired regarding the attestation of powers of attorney. 

Step 2: If There’s No Existing POA, Apply for Power in Managing the Affairs of a Person

If the person you’d wish to help does not have an existing POA in place, you’d have to make arrangements. You will have to file a formal application with the right agency. They would want to see evidence or proof that a person you are applying for already lost his or her mental capacity. 

You would need to settle the application fee and it would take a lot of months in order for the paperwork to be sorted out properly. In order for you to prevent confusions on the language, it is important that you know you won’t be referred to as the “attorney” when making this type of application. 

Of course, you will have the same exact authority as an attorney in managing the affairs of the individual that has lost his or her mental capacity. 

Also Read: Liability And Authority Concerns Of A Power Of Attorney Holder

Step 3: Take the Document to Third Parties

Once you have completed the process of acquiring a power of attorney, you will be given an official document that states you have been given the authority in acting in behalf of the person you applied for. 

You would have to present certified copies of this document to any organization that you plan on giving instructions to e.g. the insurance company or bank/financial institution of the principal to the power of attorney. 

This can be done as needed; however, it will prove to be a great idea if you show the legal document to each organization that you will be dealing with in order for them to be notified in advance. Third parties will be keeping the information on file, saving you a lot of time later on. 

Step 4: Act on the Authority Given as per the Rules Mentioned in the Document

When you manage the affairs of another person through a power of attorney in UAE, you must always:

  • Only make decisions which the court states that you can 
  • Make decisions only in the best interests of the principal to the power of attorney 
  • Take care in the decision-making process

The power or authority that is given to another person for managing the affairs of an incapacitated person is often abused. The court would want to check that everything is legal and carried out as planned by the authorized person. 

This means you’d have to keep records and accountants that are clear and accurate. 

Contact us for more information regarding power of attorney in UAE.