In the UAE, many married couples often wonder whether they need a Power of Attorney (POA). Even if having a POA is not a requirement of marriage law, getting one is indeed wise and helpful from a legal point of view. This can help you in protecting your common interests and in managing important matters especially when unexpected situations arise. In this article, we have discussed what POA is, the importance of POA to married couples in the UAE, and how POA can help you to manage your affairs without any worry.
What Is a Power of Attorney?
A Power of Attorney is a legal document that permits one individual to act on behalf of another. This can be for legal, financial or even personal reasons. The person who grants the power is called the “principal” and the person to whom the power is granted is referred to as the “agent.”
There are two main types of POA:
- General POA: This grants the agent the authority to handle many things including finances, business matters and others.
- Special POA: This grants the agent the authority to only perform certain duties, such as signing a contract or transacting a property deal.
Why Married Couples in the UAE Should Consider a POA
It is not just about legal formalities, but it is quite important for the married couples living in the UAE to have a POA. It assists one spouse in handling the other spouse’s affairs whenever necessary. A POA can be quite useful in circumstances such as:
- Managing Finances: In case one spouse is unable to manage the finances, the other spouse can be able to open bank accounts, invest, or even transact on real estate properties.
- Legal Matters: In case of legal issues, one spouse can represent another in court.
- Healthcare Decisions: If one spouse is critically ill or has lost consciousness, the other can make crucial decisions regarding the health care of the spouse without any hindrance.
In the absence of a POA, a spouse may face difficulties in carrying out the above activities, particularly if the other spouse is out of the country, sick, or unable to act.
Legal Requirements for a POA in the UAE
For a POA to be considered valid in the UAE, it has to meet certain legal requirements:
- Notarization: The POA must be signed and stamped by a Notary Public. Both the principal and agent must show valid identification and be fully aware of the contents of the document.
- Clear Details: The POA must specify the delegation of powers. A general POA is a broad one and allows the agent to perform many functions while a special POA restricts the agent to specific functions or tasks.
- Legal Age and Mind: The persons involved must be of sound mind and at least 21 years old.
When a POA Can Help Married Couples
There are certain conditions under which a POA can be particularly useful for spouses:
- Traveling Often: If one partner is often away from home due to work or other commitments, a POA allows the other spouse to manage affairs seamlessly.
- Medical Emergencies: If one spouse is severely ill, the other can take charge and make decisions without any delay.
- Buying or Selling Property: A POA enables one partner to conduct property dealings without having both of them to be present.
- Running a Business Together: If both the spouses are owners of a business concern, then a POA will help in continuing with the business activities and decisions.
Read more – Understanding Updated Dubai Marriage Laws: A Guide for Couples in 2025
How to Make a Valid POA in the UAE
A valid POA is created by following the below steps:
- Write the Document: Determine the powers to be granted. It is better to seek the assistance of a legal practitioner to ensure that all the necessary aspects are incorporated.
- Translation (if needed): If the POA is not written in Arabic, it must be translated into Arabic by a translator who is authorized to translate legal documents.
- Notarize It: Both parties must go to a Notary Public with their original ID to sign and get the POA approved.
- Register It (if needed): Some POAs, like those for property transactions, may also have to be registered with the relevant government departments.
Things to Keep in Mind
- Validity Period: Some POAs have a limited validity period or are limited to a specific task only.
- Revocation: The person who created the POA can cancel it at any time, provided they are of sound mind.
- Agent’s Duty: The agent must always act honestly and in the best interest of the principal. Misusing the POA can lead to legal trouble.
Conclusion
It is therefore advisable for married couples in the UAE to consider having a Power of Attorney. It makes the management of day to day activities easier and gives each spouse the legal power to stand for the other when it is needed. No matter whether it is medical issues, travelling or financial needs, a POA provides peace of mind and helps the couples to handle the unpredictable circumstances more effectively.
How Dubai Court Marriage Can Assist You
At Dubai Court Marriage, we make the POA process simple and stress-free. Our marriage lawyers can assist you in preparing and notarizing a Power of Attorney for any type of property, health, legal or financial matter. We make sure that your POA is in line with all the legal requirements of UAE and is done properly.
Get in touch with us today and let us help you secure your rights and have your spouse legally represent you in any way whenever needed.
