If for whatever reason, you’ve become unhappy with the individual that you have an appointment in making decisions for you, you may cancel or revoke a standing power of attorney. There are a couple of steps that you can take in order to make sure the legal document is revoked properly in Dubai.
Reasons to Cancel a POA
Generally, you would want to cancel a POA for these main reasons: you have a concern with the agent that was appointed and you want to revise the decisions or items that are covered by a power of attorney.
The common issues that may arise between an agent and principal or grantor (person assigning authority) include:
- The agent and the principal may have a falling out for personal reasons e.g. divorce. In this case, the person assigning authority may no longer be comfortable in having the agent carry out decisions on his/her behalf.
- The agent may have succumbed to a disease or passed away.
- The agent may have informed the principal that he/she is no longer capable of performing the functions that were laid in the power of attorney.
If a principal is no longer happy with the agreement with an agent, cancelling a power of attorney can be an excellent idea. However, there is a need to remember that a POA may include a second or alternate agent. This is extremely useful if the original agent has passed away or is sick.
You may also need to cancel a power of attorney if, at some point, you feel the coverage of the legal document is too broad or narrow. For instance, with a healthcare POA, you may change your decision on certain procedures such as do not resuscitate or dialysis. You will need to cancel the POA that you have created and draft a brand new special POA in reflecting the changes.
How You Can Revoke a POA in Dubai?
Cancelling a POA in Dubai is not very difficult with the help of a lawyer. Here are the steps that are involved in POA cancellation:
Step 1: Find Out If You Will Be Able to Revoke a POA
The person that can revoke a POA is the principal while he or she is competent. If the document has named the agent of a durable POA, the principal’s POA may take an agent to court in order for a judge to cancel the POA. It is very rare for this to happen as it’s hard for anyone that is not the principal to file a lawsuit against an agent over a POA as only the principal is given standing.
Step 2: Make a Decision on the Route of Revocation
There are several different options for the revocation of a power of attorney in Dubai. A power of attorney can be revoked altogether. A POA may also be revoked so a new one may be executed with a different set of terns with the same or new agent.
Step 3: Learn the Procedure in the Region
In Dubai, there are specific laws that need to be followed prior to proceeding with the POA revocation. It may be possible that your power of attorney may be revoked with the destruction of all copies of an existing POA. It may also be possible that you will be required to take a thorough approach.
For this, the principal may have to sign a cancellation document that states the POA is revoked in the presence of a Notary Public Dubai. Signing the notary will eliminate doubt with regard to the authenticity of a signature.
Step 4: Notify all Interested Third Parties
If the existing power of attorney was sent to third parties e.g. physicians and banks, then there is a need to ensure that they are notified of the cancellation of the POA. The document may be sent through mail or taken to the office of the third party that will need the notification.
If the revocation will be sent through the mail, then it will only be recognized when it is received. If the agent will act according to the POA prior to when the revocation has reached the third party, then the bank won’t be held liable if that’s taken or used in conjunction with a POA. However, for this situation, you may recover damages that the agent has caused so long as there is proof that the agent knows the POA has been revoked.
Everything we mentioned in this article is the information you need when it comes to cancelling a power of attorney in Dubai. Call us today for a free initial consultation if you have questions regarding your power of attorney or if you need help in the creation of a new one.
Take note: local legislation changes often and it’s complex. It pays to seek the advice of a lawyer.
Hassan Humaid Al Suwaidi is a UAE Citizen and the founder of the firm HHS Lawyers. He has a vast experience of 20 years of dealing with high-value and complex notary requirements. Hassan has been involved in some of the largest legal settlements in the UAE and is commended for his ability to attain the most favourable outcomes for his clients.