Wills and guardianship questions
Power of attorney, wills and guardianship in the UAE
A power of attorney ends the moment the principal dies. It cannot pass property, settle an estate or appoint a guardian, so a will and a guardianship appointment are separate instruments that need their own advice.
- Ends on death
- Not a will
- Drafted and translated
The short answer
A power of attorney ends the moment the principal dies, and the agent holds no authority from that point on. It is not a will, it is not a substitute for one, and it gives nobody anything once the person who granted it has died.
Ends on death
Article 897, Federal Decree-Law 25/2025
Ends on lost capacity
The same article covers loss of capacity
Not a will
A will is a separate instrument
What the law says about ending an agency
UAE agency law now sits in Federal Decree-Law 25/2025, the Civil Transactions Law, which came into force on 1 June 2026 and repealed the 1985 Civil Code. The agency provisions run from Article 866 to Article 903. Article 897 lists the events that extinguish an agency. Older pages citing Article 955 of the 1985 law are citing a statute that no longer exists.
Article 897, Extinction of the Agency
An agency shall be extinguished in the following cases: 1. Completion of the work entrusted to the agent. 2. Expiry of the term specified for the agency. 3. Death of the principal or their loss of legal capacity. 4. Death of the agent or their loss of legal capacity.
A power of attorney is not a will
These are two separate instruments and they do not overlap in time. A power of attorney works only while the principal is alive and holds legal capacity. Many people believe the opposite, and that belief is the usual reason a family finds it cannot act.
A power of attorney
Works only during your lifetime
It lets a named agent act for you while you are alive and hold legal capacity. Article 897 extinguishes it on your death or loss of capacity.
A will
A separate instrument with its own advice
A will is a different document dealing with what happens after death. We do not draft wills, and we do not advise on them. Take separate legal advice.
What a power of attorney actually is
A power of attorney is an agency contract. One person, the principal, authorises another, the agent, to act on their behalf. Article 869 of the Civil Transactions Law allows an agency to be general, special, conditional, or deferred to a future time. Those are the statutory categories. Labels such as family power of attorney or banking power of attorney are service descriptions, not legal types.
A general power of attorney does less than most people expect. Article 871 states that an agency expressed in general terms, without specifying what is intended, grants the agent only the power to perform acts of management. Article 870 requires a special agency, naming the act and the dispositions it entails, for anything beyond management and preservation. Sale, mortgage, settlement and pleading in court are named in that article.
Our role is drafting, translation and checking. We prepare the wording in Arabic, arrange certified legal translation where a foreign language version is needed, check the identity documents against what the notary will ask for, and attend the appointment with you. The notarisation is carried out before a notary public.
What a power of attorney can still do while you are alive
Everything below happens during the principal’s lifetime. Each one stops at the point Article 897 describes, which is the death of the principal or the loss of legal capacity by either party. Nothing here survives that.
Property matters in Dubai
An agent can be authorised to deal with a property transaction. Dubai Land Department tightened its acceptance rules for powers of attorney in property dealings during 2025.
Company and business acts
A special agency can cover named company acts. Article 870 requires the act and the dispositions it entails to be specified, so the wording must name each act.
Court representation
An agent can be authorised to plead before the court. Article 870 names pleading among the acts that need a special agency rather than general wording.
Acting for a child’s travel
A parent can authorise another adult to deal with matters connected to a child. This is not guardianship, and it ends if the parent dies or loses capacity.
What a power of attorney cannot do
Two lists. The first is what a power of attorney never covers, however it is worded. The second is what brings it to an end, even where the drafting and the ratification were both correct.
- Give anyone authority after the principal has died
- Take the place of a will, or any part of one
- Appoint a guardian for a child
- Death of the principal, or death of the agent
- Loss of legal capacity by either of them
- Completion of the work, or expiry of the term written in
How we prepare a power of attorney
The same four steps for a general agency and a special one. The ratification itself happens before a notary public.
1
We agree the exact acts
You tell us what the agent needs to do. We write each act into the document, because Article 870 requires a special agency to specify the act.
2
We draft in Arabic
Federal Decree-Law 20/2022 requires a notarised instrument to be in Arabic. In Dubai, Law 4/2013 requires a certified translation where a foreign language version is used.
3
We check the identity documents
The notary verifies identity from an Emirates ID, passport or other official document issued by the State, under Article 7 of Federal Decree-Law 20/2022. We check yours first.
4
You sign before a notary public
The notary reads the content out and reveals its effects, then ratifies. If the notary does not speak your language, Article 8 provides for a registered interpreter.
What to bring
The items below are the ones named in official sources. A residence visa copy is not among them. No official source we read requires a visa as a separate identity document for a power of attorney.
For the principal
The person giving the authority
- Emirates ID
- Passport
- Any other official document issued by the State
- A note of the acts to be authorised
For the agent
The person receiving the authority
- Emirates ID number, or the card itself
- A passport copy for a non-resident
- Name written exactly as in the passport
- The agent’s role written into the wording
For the subject of the agency
Whatever the agent will deal with
- Title deed for a property power of attorney
- Trademark certificate for a trademark power of attorney
- Vehicle ownership certificate for a vehicle
- Arabic legal translation of any foreign document
Frequently asked questions
The questions we are asked most often on this one.
Can my agent use my power of attorney after I die?
No. Article 897 of Federal Decree-Law 25/2025 extinguishes an agency on the death of the principal. The authority ends at that moment. It does not matter how recently the document was ratified, how broadly it was drafted, or what the wording says. The agent holds nothing.
Is a power of attorney the same as a will?
No. A power of attorney works only while the principal is alive and has legal capacity. A will is a separate instrument dealing with what happens after death. One does not substitute for the other. We draft powers of attorney. For a will, take advice from someone who handles wills.
Does a power of attorney from a parent make someone a guardian?
No. A power of attorney is an agency contract under Article 866. It lets the agent act for the parent while the parent is alive and holds capacity. Guardianship is a different matter with its own process. If you need a guardianship appointment, take advice on that separately.
What happens if the principal loses capacity?
The agency ends. Article 897 lists the death of the principal or their loss of legal capacity as an event that extinguishes an agency, and the same applies to the agent. A power of attorney is therefore not a way to plan for later incapacity. That needs separate advice.
Can I cancel a power of attorney while I am alive?
Yes. Article 898 lets the principal revoke or restrict the agent’s authority at any time, unless the agency involves the right of a third party or was issued in the interest of the agent. Article 903 provides that revoking a principal agency revokes the sub-agencies under it.
How much does the notary charge for a power of attorney?
Cabinet Resolution 19/2024 sets a federal fee of AED 100 per party for executing or notarising a general or special power of attorney, and AED 50 per page for notarising a translation included in the instrument. Dubai Courts sits outside that federal schedule and publishes its own fees.
I am abroad. Can I sign a power of attorney there?
A document issued outside the UAE is attested by the foreign ministry of the issuing country, then by the UAE embassy or consulate there, then by MOFAIC in the UAE. MOFAIC charges AED 150 for individual affairs documents and AED 2,000 for commercial documents. The UAE is not an Apostille Convention party.
Do you draft the will as well?
No. We draft, translate and check powers of attorney, and we attend the notary appointment. A will and a guardianship appointment are separate instruments and they need their own advice from someone who handles them. If a power of attorney is not the right document for you, we will say so.
Start here
Talk to us about the power of attorney
We draft, translate and check powers of attorney, and we attend the notary appointment with you. Ratification is before a notary public. If what you actually need is a will or a guardianship appointment, those are separate instruments and you should take advice on them from someone who handles them. Tell us what the agent needs to do and we will tell you whether a power of attorney covers it.
Tell us what the document has to do
Say who will receive it and what you need it to allow, and you will get a straight answer on the wording, the government fees and what to bring. You can also send it through the contact form.
Call us
Speak to the person who will handle your file and get an answer on the same call.
Send photographs of your passport, your Emirates ID and anything the matter attaches to.
Best for a company matter, or anything that runs to several documents.
Visit the office
Jebel Ali area, Sheikh Zayed Road, Dubai. Come in, or have it handled remotely and only turn up to sign.
Opening hours. Monday to Thursday, 9:00 to 18:00. Friday, 9:00 to 12:00. Saturday, 9:00 to 18:00. Sunday, closed.