The power of attorney is a legal document. This provides the power to one person to act on behalf of another person. This is power is given to a person with certain conditions that are to be followed. In case of misuse or misconduct of the power, the principal can issue a legal notice to cancel the Power of Attorney.
In this article, we will discuss how to send a judicial notice to cancel the power of attorney Dubai. We will also guide you how the Notary Public Dubai can help you in getting the document notarized in the UAE.
The person issuing the power of attorney is termed as the principal. The person who is authorized to act on behalf of the principal is called the agent or the attorney. Through this legal document, the principal allots the rights to the agent to do all acts or appear and sign on behalf of the principal.
If the attorney after execution of power of attorney does something which violates the terms and conditions mentioned in the document, then a legal notice for cancellation of the same can be issued by the principal.
How to draft a judicial notice to cancel power of attorney in the UAE
For drafting a legal notice for cancellation of the POA, one must consult professional lawyers in the UAE. they have knowledge and experience in writing legal notices including that of cancellation of POA. The following are the key elements that must be included in the notice-
- Name and details of the sender
- Name and detail of the agent
- Description of the reason for cancellation
- A Complete description of the incident
- The date and time after which the POA stands cancelled.
Also you should know: Online Procedure For Power Of Attorney (POA) Notarization In The UAE
Situations in which a POA can be cancelled by the principal
- The first situation is when the power of attorney’s purpose has been fulfilled. This means, either the transaction for which the agent was responsible has been carried out or when the principal can himself act for themselves. In both situations, the POA is no longer needed.
- The second situation is when the agent is not capable or is not trustworthy enough to carry out the actions of the agent with full responsibility.
- If the agent is no longer available to carry out the powers bestowed on him or has moved to some other country, then cancellation of POA might be required.
- If the principal believes or finds somebody else in a better capacity to act as his POA, he might get the current POA cancelled.
- Many people appoint more than one POA. They are supposed to act and decide on all the issues jointly. If any one of these agents dies, the grantor has to appoint another agent for carrying out the work or he may also cancel the entire POA altogether.
Authorities who can send the judicial notice to cancel the Power of attorney in the UAE
The following listed people are authorized to send a legal notice for cancellation of POA
- If a POA is granted by more than one person, then it cannot be revoked by a single principal. To cancel such POAs the signature of all the principals involved is required. If on the other hand, the execution of the POA is by several executors, then it can be revoked by a single principal.
- If a power of attorney has been granted to more than 2 agents, and one of the agents withdraws from his duties or is not in a position to continue with his responsibilities, then the other agent may continue to use his rights and power. The rights of the other agent do not end. In such situations, a POA cancellation notice can be sent to the other agent.
- If a company or a firm issues a POA to a person or an individual and the company gets dissolved, then the power of attorney automatically gets cancelled in such situations.
You also need to know: Can Power Of Attorney (POA) Be Signed Digitally In The UAE?
Sending a judicial notice to cancel the Power of Attorney and getting it signed by the Notary Public Dubai
The following are the steps that must be taken to carry out the procedure of cancellation of POA
- Understand who can revoke the POA- this means a POA can be revoked primarily by the principal only. It is very rare for a person who is not the principal to revoke a POA unless and until the principal himself authorizes the person to do so.
- Decide how the POA has to be revoked- sometimes the POA has to be revoked in totality. On the other hand, there are times when only certain clauses of the POA are to be changed. The principal has to decide if he wants to cancel the entire POA or has to only cancel and rewrite some part of the existing POA.
- One must know the procedure of revoking the POA in the region he is staying in. Like in the UAE, there are certain procedures and laws that need to be followed before the revocation of a POA. There are chances that POA is revoked and all the copies of the same are destroyed once the cancellation has been done. A thorough approach may also be required for cancelling the same at times.
- The POA once drafted and formulated must be signed by all the concerned parties including the principal, agent, 2 witnesses above 18 years of age and the Notary Public Dubai in order to make it executable in the eyes of law.
- Lastly, he cancellation of POA must be informed to all the concerned parties. These may be banks, physicians, etc. they must be informed of the cancellation of the POA. The cancellation may be notified by physical mail or an email might also be sent. The agent must also be notified of the cancellation. If not notified, the agent may continue to act as the POA and the loss and damages done by him may not be recovered if the agent is unaware of the cancellation.
If you need any assistance in drafting your POA or getting it notarized by the notary public Dubai, do get in touch with us anytime.
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.