The sole property owner (the principal) has more power than the Power of Attorney (POA) simply because they are the ones who give them the powers in the first place. However, it is good to know that other members of the family directly related to the principal can challenge a power of attorney in the law courts. In the UAE, power of attorney allows the representative to act on behalf of the principal.
Who Can Override a Power of Attorney?
Many older people in the UAE prefer using power of attorney to execute their business activities such as making new investments or buying property. Through POA, the attorney can do all this on behalf of the principal as long as the task is included in the document.
Reasons for overriding power of attorney
There are some situations when the principal or their relatives can override power of attorney. In most cases, this occurs when the attorney or law firm trusted with managing a property does not adhere to the agreement and the rules. Heirs or relatives of the principle can also strip the power of attorney if it is realized that the attorney or law firm is not acting in the best interest of the principle or the rightful heirs.
While the principle can override the power of attorney much easier and faster in the UAE, the successor’s family members will have to follow a lengthy procedure before successfully overriding the power of attorney.
One of the first steps is consulting the principal and asking him or her to override the POA. This is a more direct and straightforward approach and is feasible as long as it is done with good intentions and it is clear that the principal believes their concerns and is convinced to override the POA.
The second way you can revoke power of attorney in the UAE is by asking them to step down. You can do this by approaching the agent and explaining why they need to give up the position. When this fails, the matter will have to move to the court where the attorney or agent with POA can face charges if found guilty. The court is likely to rule in favour of the principle (especially regarding property succession cases in the emirates.)
Another reason whereby rightful successors can revoke a power of attorney through court is if the principle is not mentally capable. People with mental problems quickly make irrational decisions that can put them in trouble in the future. In such a scenario, you will need to prove that the proprietor or principal is mentally ill. Hospital test results and other evidence will need to be produced.
While power of attorney allows the agent to act on behalf of the principle as far as property management is concerned, it is essential to note that they have their limitations. The certain activities the POA cannot perform in their power of attorney capacity include:
- The attorney, law firm, or agent cannot alter or change the last will for whatever reason, even if it is the best decision.
- The POA cannot transfer power of attorney to another agent.
- They cannot use a power of attorney once the principal dies unless that is stipulated in the initial agreement.
Reasons when the court can decline overriding power of attorney
Because the principal holds the most power in this regard they can revoke a power of attorney for whatever reason they choose (they can even do this verbally.) However, it is recommended that they do it formally by filling a revocation form. Note that the law is keen about the wishes and instructions of the principle. If the relative’s intentions to revoke power of attorney goes against these interests, then there are high chances that the attempt to override the POA will fail.
Need any assistance?
Experts like Notary Public Dubai can assist you in all Power of Attorney situations. knowledgeable and capable in any situation to take you through the entire process step by step.