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Does the Power of Attorney Expire? 7 Answers

Does the power of attorney expire? Yes, the power of attorney expires. But when does it expire? The validity period of the power of attorney varies according to its type and the conditions contained therein, which the POA&More team will explain to us, the best public notary dubai online.

 

Does the power of attorney expire?

Does the power of attorney expire 1

Yes, the power of attorney expires. The power of attorney expires in several cases, including:

  • Expiration of the specified period: If the power of attorney is specified for a specific period of time, it expires at the end of this period.
  • Completion of the purpose for which the power of attorney was given: If the work or purpose for which the power of attorney was given is carried out, it expires automatically.
  • Death of one of the parties: Does power of attorney expire when someone dies? Whether the principal or the attorney, death leads to the expiration of the power of attorney.
  • Cancellation of the power of attorney by the principal: The principal can cancel the power of attorney at any time unless the power of attorney is established for the benefit of a third party or the attorney.
  • Judicial invalidation of the power of attorney: In some cases, the court can cancel the power of attorney if it is proven that there is a defect in it or if it was used in a matter that violates the law.

 

How Long Does the Power of Attorney Stay in Effect?

The duration of the power of attorney varies depending on the type of power of attorney, the conditions contained therein, and the applicable laws. In general, it can be said that there are two main types of powers of attorney:

  • Special power of attorney: This type of power of attorney gives the attorney specific powers to accomplish a specific task. There is no specific duration for its validity and it usually ends upon the completion of the task assigned to the attorney, or upon the death of one of the parties (the principal or the attorney).
  • General power of attorney: This type of power of attorney gives the attorney broad powers to act on behalf of the principal in all his affairs. There is no specific duration for its validity either, and it usually ends upon the death of one of the parties or the cancellation of the power of attorney by the principal.

Read more: Who can notarize a Power of Attorney in Dubai?

General Power of Attorney in DubaiDoes the power of attorney expire

POA&More is a leading online legal services platform in Dubai and the UAE, offering a range of features that facilitate the process of preparing and documenting general powers of attorney and clarifying does the power of attorney expire. Here are the most important features:

  • Fully electronic procedures: All procedures required to prepare and document the power of attorney are done electronically, saving time and effort.
  • Instant attestation: The power of attorney can be documented electronically in a very short time, compared to traditional procedures that take longer.
  • Different types of powers of attorney: POA&More offers a variety of power of attorney options to meet the different needs of customers, whether general or special powers of attorney.
  • Specialized team: A specialized team is available to answer customer inquiries and provide the necessary support throughout the power of attorney preparation process.

Read more: Fast POA Attestation in Dubai

 

Does a power of attorney in Dubai trump a will?

No, the general power of attorney in Dubai does not automatically cancel the will. As we explained, does the power of attorney expire? In the following lines, we explain the reasons for not canceling the general power of attorney for a will:

  • Different purposes: Each serves a different purpose, the first to manage current affairs and the second to settle matters after death.
  • Different powers: The powers of the attorney in the general power of attorney are specified by the texts of the power of attorney, while the powers of the heir in the will are specified by the texts of the will and the law.
  • Time of application: The general power of attorney is executed during the person’s life, while the will is executed after his death.

 Read more: Power of Attorney Dubai Property

 

Does a power of attorney cease at death?

Does the power of attorney expire? The power of attorney ends with the death of the principal. This means that the attorney who was granted the power of attorney loses his authority to carry out the work he was entrusted to do after the death of the person who granted him the power of attorney (the principal). However, there are some important exceptions:

  • Power of attorney to sell to oneself and to others: In some cases, especially in the field of real estate, there may be a provision in the power of attorney contract stating that the power of attorney continues even after the death of the principal, provided that the power of attorney is to sell to oneself and to others. This means that the attorney can sell the property even after the death of the owner, but this must be explicitly stated in the power of attorney contract.
  • Special powers of attorney: There are some types of powers of attorney that may not end with the death of the principal, such as powers of attorney that are for the benefit of the attorney himself.
  • The power of attorney is a personal relationship: The power of attorney depends on the personal relationship between the principal and the attorney, and therefore the death of one of the parties ends this relationship.
  • Protection of the rights of the heirs: Terminating the power of attorney upon the death of the principal protects the rights of the heirs, and prevents any actions that may harm their interests.

 Read more: General Power of Attorney from husband to wife format

When Can a Power of Attorney Become Invalid?

does the power of attorney expire

The issue of the validity of the power of attorney is an important legal issue, as it determines the extent of the attorney’s powers to act on behalf of the principal. Does the power of attorney expire? The power of attorney expires and becomes invalid in the following cases:

  • Expiration of the term: If the power of attorney is limited to a specific period of time, it expires upon the expiration of this period.
  • Completion of the work required of him: Once the attorney completes the task that he was assigned to do, the power of attorney automatically expires.
  • Death of one of the parties: Whether the principal or the attorney dies, the power of attorney expires, unless there is a prior agreement to the contrary.
  • Cancellation of the power of attorney by the principal: The principal has the right to cancel the power of attorney at any time unless there is an express condition in the contract that prevents this.
  • Loss of capacity: If one of the parties (principal or attorney) loses his legal capacity, such as insanity or foolishness, the power of attorney becomes void.
  • Change of circumstances: In some cases, a change in the circumstances on which the contract was concluded may lead to the expiration of the power of attorney, such as the sale of the property that was the subject of the power of attorney.
  • Attorney’s breach of duty: If the attorney breaches his duties stipulated in the contract or by law, the principal has the right to cancel the power of attorney.

Read more: Authorization Letter vs Special Power of Attorney

Does the power of attorney expire? The bottom line

Does the power of attorney expire? Yes, a power of attorney expires. There are several factors that can be considered:

  • Completion of the purpose for which the power of attorney was given: If the work for which the attorney was authorized is completed, the power of attorney is automatically terminated.
  • Expiration of the period specified in the power of attorney: If the power of attorney is specified for a specific period of time, the power of attorney expires upon the expiration of that period.
  • Death of one of the parties (the principal or the attorney): Generally, the death of either party results in the expiration of the power of attorney, unless the contract states otherwise.
  • Cancellation of the power of attorney by the principal: The principal has the right to cancel the power of attorney at any time unless the power of attorney is for the benefit of a third party or the attorney.

 

Frequently asked questions

 

How long does a power of attorney last in the UAE?

Does the power of attorney expire? The validity period of a power of attorney in the UAE varies depending on the type of power of attorney and the entity that issued it, but in general it can be said that there are specific periods for each type of power of attorney. In the following lines, we explain examples of the validity periods of some types of powers of attorney in the UAE:

  • General power of attorney: It may be open-ended or limited to a specific period that usually does not exceed three years.
  • Special power of attorney: Its duration is linked to the purpose for which it was issued, and it may be limited to a specific period of time or linked to a specific event.
  • Commercial power of attorney: Its duration is usually limited to a period of time that does not exceed three years.
  • Special power of attorney for litigation: The duration of a lawyer’s power of attorney may reach five years, while the duration of a non-lawyer’s power of attorney is shorter.

 

Is power of attorney valid after death in the UAE?

Does the power of attorney expire upon death in the UAE? The power of attorney is not valid after the death of the principal in the UAE. Why?

  • The nature of power of attorney: Power of attorney is an authorization from the principal to the attorney to perform a specific act on his behalf. Therefore, upon the death of the principal, the reason for the existence of the power of attorney ends, as there is no longer anyone to authorize the attorney to act.
  • UAE Law: UAE law stipulates that the power of attorney ends upon the death of the principal, because the power of attorney is linked to the existence of a natural person.

Sources

[Wikipedia]

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