Frequently Asked Questions

Can a Power of Attorney be cancelled in the UAE?

Yes. Article 955 of UAE Federal Law No. 5 of 1985, the Civil Transactions Law, provides that the principal may dismiss the agent at any time, subject to vested rights and to the requirement of notice. The procedural mechanism is the execution of a notarised revocation deed, registered in the Notary register against the original document.

 

Does the agent need to consent to the cancellation?

No. The principal does not require the agent’s consent to revoke. Article 955 confers the right of dismissal “at any time”, and that right is not conditional on the agent’s agreement. The agent must, however, be notified, and notification is what gives the cancellation effect against the agent.

 

Is a notarised cancellation immediately effective against everyone?

No. Notarisation establishes the cancellation as a registered legal act. Effectiveness against the agent and against third parties acting in good faith depends on notice having been given to them. Until that notice is given, parties unaware of the cancellation may continue to rely on the original Power of Attorney in good faith, and their reliance is protected.

 

Can a General Power of Attorney be cancelled at any time?

Yes. A General Power of Attorney can be cancelled at any time by the principal, subject to the same conditions as any other Power of Attorney: a notarised revocation deed, registration in the Notary register, and notice to the agent and to relevant third parties. The breadth of a General Power of Attorney makes the third-party notification step particularly important.

 

Can a Power of Attorney be cancelled from outside the UAE?

Yes. A non-resident principal can execute a revocation deed before a notary in the country of residence, have it attested by that country’s foreign affairs ministry, legalised by the UAE Embassy in that country, then translated into Arabic in the UAE and authenticated by MOFAIC for local registration.
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Does issuing a new Power of Attorney cancel an old one?

No. A new Power of Attorney granted to a different agent does not, by itself, terminate the earlier instrument. Where the principal wants the earlier authority extinguished, the earlier Power of Attorney must be expressly revoked. Until that is done, both documents may exist in parallel.

 

How is a property-related Power of Attorney cancelled with the DLD?

A property-related Power of Attorney registered with the Dubai Land Department requires a two-step cancellation: the notarised revocation in the Notary register, and the filing of the cancellation with the DLD. The DLD will not treat a cancellation as effective on the property record without the DLD-side filing. The original title deed and the property registration details are needed for the DLD step.

 

Can an agent resign from a Power of Attorney?

Yes. The agent may withdraw from the appointment by executing a notarised notice of withdrawal, which is registered with the issuing notary and served on the principal. The procedural mechanism is similar to revocation by the principal, and the effect is the termination of the agency from the agent’s side.

 

Is online cancellation available?

Yes, where the original Power of Attorney was issued through a channel that supports digital cancellation. Federal Decree-Law No. 20 of 2022 gives general legal effect to electronic notarisation, and Dubai Resolution No. 137 of 2022 authorises digital notarisation procedures in Dubai. Online cancellation through the Ministry of Justice channel is available where the original was issued through the Ministry of Justice; cancellations of Powers of Attorney issued through Dubai Courts must be processed through Dubai Courts.

 

What language must the cancellation deed be in?

The cancellation deed must be in Arabic, or accompanied by a certified Arabic translation prepared by a sworn legal translator. A deed in any other language without certified translation will not be accepted by a UAE notary.

 

What happens if the agent is not notified of the cancellation?

Under Article 955 of the Civil Code, the cancellation is not effective against the agent or against third parties acting in good faith until they have been notified. The deed remains a valid notarised act on the register, but transactions concluded by the agent with parties unaware of the revocation may bind the principal until those parties are formally notified. The cost of proper notification is small relative to the cost of being bound to a transaction concluded after revocation but before notice. The notification procedure is set out on the Notification Requirements page.

Does a Power of Attorney end automatically on the principal's death?

Yes. Article 954 of the Civil Code provides that the agency terminates automatically on the death or legal incapacity of either the principal or the agent. UAE law does not recognise a Lasting Power of Attorney equivalent that survives the principal’s loss of capacity. No revocation deed is required for termination on these grounds, though documentation may be required by registrars and counterparties to act on the termination.

 

Can an irrevocable Power of Attorney be cancelled?

A Power of Attorney described as irrevocable is, in UAE law, generally one in which rights have been vested in the agent or in third parties such that revocation would prejudice those rights. Article 955 protects those vested rights. The instrument can be revoked, but the revocation cannot, on its own, defeat the rights that have been validly vested under it. Where the underlying basis for the vested rights has fallen away, the protection of irrevocability falls away with it.

Execution

Drafting, notarisation, and registration of cancellation deeds are handled operationally at poas.ae.