WHYYOUNEEDA POWEROFATTORNEY
Expats who learn the hard way, stress the importance of having a notarised Power of Attorney in the UAE |
Four years ago, Dolores Ferrari, 59, an Argentinian expat living in Abu Dhabi was facing a predicament. Her husband — a helicopter pilot — Leonardo Ferrari, 44, also an Argentinian expat, fainted in his bathroom after experiencing dizziness coupled with high temperature.
She called an ambulance and he was rushed to a hospital’s intensive care unit. Leonardo was in the middle of a rental dispute when all this was happening and was due to appear in court the following day.
Dolores went to the court on her husband’s behalf only to be told she didn’t have the authority to represent him because she did not have a valid Power of Attorney (PoA) granting her rights to represent her husband.
Over the days that followed, Dolores was in a quandary. What should she do?
Devanand Mahadeva, a specialist in Inheritance and Personal Law and director of Goodwins Law Corporation, who helped prepare a will and PoA for the couple, said: “At the time of the incident, the couple had drawn out a PoA, but it was not notarised at the Notary Public and therefore was invalid in the local courts.”
Another Indian expat Sandhya*, 58, also from Abu Dhabi, has a similar story. Her husband, Ramesh*, has been in a comatose state for the last four years.
The couple have a valid will in place, but not a valid PoA.
Close to half a million dirhams of his money and investments are stuck, and Sandhya cannot do anything about it until she gets the correct paperwork done. For the last four years, since the time he was incapacitated, Ramesh’s vehicle registration has not been renewed, nor has his mobile phone Sim card.
Many other transactions
and activities can also be put on hold as a result of not having power of attorney.
“Remember, a will is valid only when a person dies. In a situation where a person is incapacitated, but is not clinically declared dead, it is the PoA that is legally binding,” said Mahadeva.
“In the case of Ramesh and Sandhya, they did not have a PoA. Before Ramesh’s health deteriorated, the couple had
drawn out a PoA after hiring a lawyer from India. That PoA was flawed — as it did not cover the UAE. Also, the couple did not notarise the PoA at the local notary public, so it was invalid,” he added.
Mahadeva is dealing with Sandhya’s case and working towards granting her a guardianship of her husband.
“That is the only recourse left for Sandhya. Unfortunately, she was not aware of this process and only approached us last month. We are in the process of collecting all proof of documents to show that her husband is in no condition to conduct his normal activities and hence grant Sandhya the guardianship. It will be left to the judge in the local courts to grant her the guardianship.”
According to Mohammad Marria, managing director of Just Wills, all PoAs registered
in Abu Dhabi courts are only valid for three years.
Validity
Dubai Courts registered PoAs are valid for life. However, for all immovable properties, the PoA has to be revalidated every two years as per the Dubai Land Department (DLD) requirement.
“My advice to all those who draw a PoA in the UAE, is to submit a copy in the bank for their records and they may insist you complete one of their own PoAs as well,” said Marria.
■ * Names have been changed upon request