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Does the Power of Attorney Expire?

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Does the Power of Attorney Expire?

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Introduction

Have you ever needed someone to manage your work while you were unavailable? Perhaps you were travelling, unwell, or busy with other commitments. In these situations, a Power of Attorney (POA) acts as a vital legal tool. It allows you to appoint a trusted person to make decisions on your behalf.

But a common question arises: Does this power last forever? The simple answer is no. A Power of Attorney is not a lifelong pass. It has a clear lifespan and can expire in several ways. Understanding when and how a POA ends is crucial to protect your interests and ensure your affairs are managed correctly.

This blog breaks down everything you need to know about the expiration of a Power of Attorney, with a special focus on the rules and regulations in the United Arab Emirates (UAE).

What is a Power Of Attorney & its Types 

A Power of Attorney (POA) is a legal document that allows one person (the agent) to act on behalf of another (the principal) in legal, financial, or business matters.

The main types of POA commonly used in the UAE include:

Each type serves a different purpose, depending on the level of authority and situation.  

How long is a Power of Attorney valid in the UAE?

In the UAE, the validity of a Power of Attorney is governed by specific regulations. You cannot assume a POA will last indefinitely. Many people even ask, “does a power of attorney expire when the notary commission expires?” The answer is no; the expiry depends on UAE law and the specific document, not the notary’s tenure. The rules are clear and designed to prevent misuse.

According to the regulations followed by notary publics in the UAE, such as Dubai’s Notary Public Law (Law No. 4 of 2013), a standard validity period is in place.

  • General Power of Attorney (GPA): It is usually valid for two years from the date it is notarized, unless the principal sets a shorter period. However, many banks and government offices place restrictions on them or may even refuse to accept them because of the high risk of misuse.
  • Special Power of Attorney (SPA): An SPA remains valid until the task mentioned in the document is finished. For property transactions, the Dubai Land Department generally requires that the POA be less than two years old. In reality, many authorities prefer to see a POA issued within the past year before they accept it.   

It is crucial to note that government departments may have their own internal rules. For example, some land departments might only accept a POA for real estate transactions that were issued within the last year. 

As of 2025, it is always best practice to check with the specific authority where you intend to use the POA to confirm their requirements.

What Causes the Expiry Of A POA? Key Reasons

A Power of Attorney can end, or expire, for several reasons. Knowing these triggers is essential for both the principal and the agent.

1. Expiry by a Stated Date or Event

The simplest way a POA expires is when the date specified in the document arrives. If your POA states it is valid until say September 30, 2025, it will become invalid on October 1, 2025. Similarly, for an SPA, the completion of the designated task (like the sale of a specific asset) terminates the agent’s authority.

2. Death of the Principal or Agent

A Personal Power of Attorney is a legal agreement between the principal and the agent. The authority granted is personal to them. Therefore, the POA automatically and immediately expires upon the death of either the principal or the agent. An agent cannot continue to act on behalf of a deceased person. After death, the estate is managed by an executor or by succession law, not through the POA.

3. Incapacity of the Principal

In the UAE, as per the Civil Code, a standard Power of Attorney typically expires if the principal loses legal capacity (for example, due to a severe illness or injury leading to a coma). This is a critical protection, as the agent’s authority stems directly from the principal’s consent. If the principal can no longer provide that consent, the agency relationship ends.

4. Revocation by the Principal

As the person who grants the power, you have the right to take it back. The principal can revoke (cancel) a Power of Attorney at any time, as long as they are mentally competent. Get more details about the process of revocation of a POA in UAE’s most popular emirate; Dubai. Read more.  

5. Court Order or Authority Rejection

Courts or government authorities in the UAE may cancel or refuse a POA if it is misused, fraudulent, or goes against public policy.

How to Revoke a POA in the UAE?

The process for revocation is formal and must be properly documented.

  1. Visit a Notary Public: You must go to a registered Notary Public in the UAE.
  2. Submit a Revocation Request: You will need to present the original POA or a copy, along with your identification.
  3. Notify the Agent: The Notary Public will officially document the revocation. It is your legal responsibility to ensure the former agent is notified in writing that their authority has been cancelled. Failure to do so could lead to legal complications if they continue to act on your behalf.
  4. Update Relevant Authorities (if applicable): If the POA was granted for property dealings, the revocation must also be lodged with the Dubai Land Department (DLD). For company-related authorizations, the revocation should be reflected in official company records, such as amendments to the Memorandum or Articles of Association.

When Do Authorities Refuse a POA?

In the UAE, not all Powers of Attorney are automatically accepted by banks, government bodies, or property regulators. Authorities may refuse a POA in the following situations:

  • Outdated Document: Many institutions only accept POAs that are less than one year old, even if the document states a longer validity.
  • Broad or Vague Powers: A POA that grants unrestricted powers without clear limitations may be rejected due to the risk of misuse.
  • Improper Notarization: If the POA is not notarized correctly or lacks legal translation into Arabic, it will not be recognized.
  • Misuse or Fraud Concerns: Courts and government bodies can suspend or cancel a POA if there are signs of abuse, fraud, or if it contradicts public interest.

Can a POA Be Renewed Or Extended?

A Power of Attorney cannot be “extended” in the traditional sense. When a POA expires, you cannot simply amend it to add more time. Instead, you must create an entirely new Power of Attorney document.

The process for creating a new POA is the same as the first time:

  • Drafting: The document must be drafted clearly, outlining the powers you wish to grant.
  • Notarization: You and your agent must appear before a Notary Public with your valid IDs to sign the document.
  • Legal Translation: If the document is not in Arabic, it must be legally translated, as Arabic is the official language for legal proceedings in the UAE.
  • Fees: You will need to pay the applicable government fees for notarization. For 2025, notarizing a new POA in the UAE typically costs between AED 300 and AED 500, depending on the emirate and the type of POA. 

If you’re planning to issue a new document, it’s best to first understand the steps about how to get a Power of Attorney to ensure smooth processing.

Legal Risks And Common Mistakes

Handling a Power of Attorney requires careful attention to detail. Mistakes can lead to serious legal and financial consequences.

  • Using an Expired POA: Any transaction made using an expired Power of Attorney is legally invalid. Always ensure you are working with a valid POA to avoid legal disputes and rejected transactions. Expired POA can result in failed property sales, frozen bank accounts, or voided contracts, causing significant financial loss.
  • Improper Attestation: If a POA is created outside the UAE, it must be properly attested to be valid inside the country. This involves a multi-step process: notarization in the home country, attestation by the UAE Embassy there, and final attestation by the Ministry of Foreign Affairs (MOFA) in the UAE. Many people fail to complete this chain, rendering their document useless.
  • Vague Language: Using unclear or overly broad language in a General POA can open the door for misuse. Always define the agent’s powers as precisely as possible, even in a GPA.

To avoid these risks, always seek guidance from a legal professional when drafting a POA. They can ensure the document is clear, legally compliant, and protects your interests.

Conclusion

So, does the Power of Attorney expire? Absolutely. It is a temporary grant of authority, not a permanent one. Whether by a set date, the completion of a task, the death of a party, or a formal act of revocation, every POA has a defined endpoint.

Understanding these rules, especially the specific two-year validity period for General POAs in the UAE, is essential for effective legal planning. Always be aware of your POA’s status, ensure it remains a valid POA, communicate clearly with your agent, and take formal steps to renew or revoke it when necessary. By doing so, you ensure this powerful document serves its intended purpose and remains a tool for convenience, not a source of conflict.

Frequently Asked Questions


Q-1. What is the main difference between a General and a Special POA for a regular person?

A General POA is like giving someone permission to manage all your financial and legal tasks. A Special POA is like permitting them to do just one or two specific things, like selling your car or signing a rental contract for you.

Q-2. What can I do if I suspect my agent is misusing their power?

If you are mentally competent, you should revoke the Power of Attorney immediately by visiting a Notary Public. After revocation, you can pursue legal action against the agent for any financial harm caused.

Q-3. Can I appoint someone who lives in another country as my agent in the UAE?

Yes, you can. However, it can be impractical. Your agent may need to be physically present in the UAE to sign documents at government offices or banks. If your agent is abroad, they may need to grant their own POA to someone in the UAE, adding complexity and cost.

Q-4. Do I absolutely need a lawyer to draft a POA in the UAE?

While it is not legally mandatory to use a lawyer, it is highly recommended. A lawyer can ensure the wording is precise, the powers granted are clear, and the document complies with all UAE laws, which helps prevent future disputes.

Q-5. How can I quickly check if a POA is still valid?

First, check the date of notarization on the document. If it's a General POA and more than two years have passed, it is likely expired. Second, check if a specific expiry date or condition is mentioned. Finally, you can check with the issuing Notary Public to see if it has been revoked.

Q-6. Can I have more than one Power of Attorney active at the same time?

Yes, you can issue multiple POAs, each granting different powers to different agents. However, clarity is important. If powers overlap, it may create conflicts or confusion. Always define roles clearly to avoid disputes.

Q-7. Can my agent use the POA to manage my bank accounts after I die?

No, absolutely not. A Power of Attorney becomes void the moment the principal passes away. After death, your assets can only be managed by the executor of your will or an administrator appointed by the court. Any action taken by an agent using a POA after the principal's death is illegal.

Q-8. Is a digital or electronic POA valid in the UAE?

The UAE is advancing its digital services. Some authorities have started offering e-notary services where parts of the process can be done online. As of 2025, a fully digital POA process is becoming more common, but for many critical transactions, a physically notarized and stamped document is still required. Always verify with the institution where the POA will be used.

Q-9. What happens if my appointed agent dies before they finish their task under an SPA?

If the agent dies, the Power of Attorney automatically expires. Their authority does not pass to their heirs. You would need to create a new POA and appoint a new agent to complete the task.

Q-10. My POA was made in India. How do I make it legally valid for use in the UAE?

It must go through a full attestation process. First, it must be notarized in India. Then, it needs to be attested by the UAE Embassy in India. Finally, upon its arrival in the UAE, it must be attested by the UAE Ministry of Foreign Affairs (MOFA) and legally translated into Arabic. Without these steps, it will not be accepted by the UAE authorities.

Q-11. How long Does a Power of Attorney Last?

In Dubai, a General POA is usually valid for two years from the date of notarization, unless a shorter period is written. For property matters, the Dubai Land Department may only accept POAs that are less than one year old.

Q-12. Can I renew a Power of Attorney in the UAE?

No, a POA cannot be renewed. Once it expires, you need to draft and notarize a new one. The new process follows the same steps as the original POA.

Q-13. Does a POA survive death in UAE law?

No, a POA automatically ends when the principal dies. After death, only the executor of a will or a court-appointed administrator has the right to handle the person’s assets.

Q-14. Can I use a foreign-issued POA in the UAE?

Yes, but it must go through the UAE’s full legalization and attestation process. The POA must be notarized in the country of issue, then attested by the UAE Embassy there, and finally attested by the UAE Ministry of Foreign Affairs before being legally translated into Arabic. Only then will UAE authorities accept it.

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Joel Dsouza

About the Author

Joel Dsouza

Joel Dsouza is a Chartered Accountant and compliance specialist with extensive experience advising over 1,000 startups and SMEs on company registration, tax structuring, and regulatory compliance. As a member of ICAI and Co-Founder of Safe Ledger, Joel combines his deep financial expertise with a global perspective to help entrepreneurs navigate complex business environments. Focused on the UAE market, he is dedicated to empowering international and local business owners with clear, practical guidance on company setup, tax optimization, and ongoing compliance making him a trusted advisor for businesses aiming to succeed in the dynamic UAE economy.

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