When you have children, it’s very likely that one stands out to be more responsible and trustworthy compared to the others. But, if you only name one child as your agent for your power of attorney in Dubai, conflicts can arise. Appointing one child may nurture bad feelings and distrust among the siblings that were excluded.
Most people resolve this by appointing two or more agents in a power of attorney in UAE.
key considerations when appointing two agents for legal document such as a power of attorney:
- Hire a PRO service provider – acquiring a PRO service in UAE may be one of the most important planning decisions you can make. It is important that you don’t use an online form in creating your two powers of attorney. What’s even critical is doing your own probate process. Seek the help of reputable PROs in Dubai or anywhere in UAE as they have the proper training in the legalization of a power of attorney in Dubai, and they have industry experience. This makes them credible sources of information and advice that can’t be replaced by any form found online. This is especially crucial with having two agents in a durable or limited power of attorney in UAE.
- Full access to the incapacitated principal – whenever a parent is incapacitated, a power of attorney will take effect. All children should be allowed to visit. Barring access will only be appropriate if the entire family sees the one family member to have mental or physical problems which may be a threat to an incapacitated parent. There may also be plans of stealing money or scheming an incapacitated parent.
- Powers should be limited – the designation, agent or attorney-in-fact, doesn’t enable the power of attorney executor in doing whatever he/she wants to do. Any agent that is appointed in a power of attorney is not allowed in changing the will of a principal, breach the fiduciary duty assigned with the power of attorney, and/or transfer or change the designation of agent or attorney-in-fact to someone else even when it’s a family member or another sibling.
- Expiry will be at death – in the unfortunate event that the principal or person granting authority dies, his or her power of attorney will no longer be effective. The executors of the will be taking control from then on over the property of the decedent. The executors can either be appointed by the principal through a will and testament or appointed by the court.
- A power of attorney can be cancelled – a principal can choose in revoking a power of attorney. Revocation or cancellation of power of attorney in UAE must be done in writing and legalized through notarization. Agents are to be advised regarding the revocation.
- Agents may be removed – upon a principal’s disability, a power of attorney will immediately take into effect. It can’t be revoked unless the other family members of the principal believe the appointed agents are acting improperly. The revocation won’t be automatic. Family members need to file a petition first with the appropriate courts in order to challenge the agents or remove them as attorneys-in-fact. Should the court decide that the agents have acted improperly or a power of attorney created by the principal is invalid, appointees by the principal will be removed and conservatorship will be ordered by the local court.
- Give two agents different tasks – designating two co-agents is, in fact, a common occurrence in the UAE. Most of the time, appointing two attorneys-in-fact can be very problematic, most especially when the two don’t get along. It is advised to give separate responsibilities and obligations to the agents, so they are able to retain control over certain aspects of the principal’s affairs.
- Name non-family members as agents – primary decision makers of a principal can be non-family members. Instead of designating family members to be the agents in a power of attorney, choose a close friend, banking institution, or even a PRO firm in UAE to carry out tasks for you while you are incapacitated.
- Do everything to minimize conflicts – choosing a person in managing your affairs and assets while you are unable can be very difficult. Similarly, acting as the agent and managing an agent are also hard. Court involvement and conflicts should be avoided at all costs. This will also ensure that your wishes, as stated in your power of attorney, will be carried out on your behalf.
You should know Benefits of PRO Services in Dubai
Keep all these points in mind as they can go a very long way in making sure the rights and interests of a principal are properly safeguarded. If you need more information regarding the probate process in UAE and executing a power of attorney, call us here in Payroll Middle East to talk to our seasoned PRO’s.