Can a POA Be Challenged in UAE Courts?

A business owner in Dubai handed over financial authority to a trusted partner through a power of attorney (POA). Months later, that partner started making unauthorized transactions. When the owner tried to revoke the document, the partner claimed the revocation was invalid and continued operating under the original authority.

Cases like this show why understanding how and when a power of attorney in Dubai can be challenged matters. If you have issued a POA or received one, knowing the legal grounds for disputes protects you from costly mistakes.

What Makes a POA Valid in the UAE?

Before we talk about challenges, it helps to understand what makes a power of attorney legally binding in the first place.

Under UAE law, a valid POA requires several elements:

• Both parties must be at least 18 years old and mentally competent

• The document must be properly notarized by recognized authorities

• The scope of authority must be clearly defined in writing

• Attestation is often required for banks, courts, and government offices

When any of these elements are missing or improperly executed, the POA becomes vulnerable to legal challenges. Courts will not enforce documents that fail to meet basic legal standards.

Common Grounds for Challenging a POA

UAE courts recognize several legitimate reasons to contest a power of attorney in the UAE. These grounds typically fall into a few categories.

1. Lack of Proper Authorization

If the person granting the POA was not mentally competent at the time of signing, the document can be challenged. This includes cases where someone signed under duress, coercion, or while impaired.

Medical records, witness testimony, and expert evaluations often become central evidence in these disputes. Courts take mental capacity seriously and will invalidate documents signed by someone unable to understand what they were authorizing.

2. Fraud or Misrepresentation

When the agent misrepresents the scope or purpose of the POA to obtain it, the situation creates grounds for challenge. For example, if someone was told they were signing routine paperwork but actually granted broad financial authority, courts may void the arrangement.

The challenging party needs to prove deception occurred and that they would not have signed if they knew the true nature of the document.

3. Exceeding Granted Authority

Even a properly executed POA can be challenged if the agent acts beyond their authorized scope. A limited power of attorney that covers property management does not give the agent authority to sell assets or take out loans.

When agents overstep, the person who granted the POA can petition courts to stop unauthorized actions. This does not necessarily void the entire document, but it does restrict what the agent can do going forward.

4. Revocation Disputes

Revoking a power of attorney in the UAE should be straightforward, but disputes often arise around timing and notification. Under Federal Decree-Law No. 41 of 2024 on Personal Status Law, which took effect in April 2025, revocation becomes particularly complex in specific situations.

The law addresses cases where someone attempts to withdraw authorization after certain actions have already begun. For instance, in divorce proceedings where a POA was used, the authorizing person's withdrawal statement may not be accepted unless it was documented beforehand or proven that the authorized party knew about the revocation.

5. Professional Misconduct

Cabinet Resolution No. 45 of 2025 established clear penalties for violations involving powers of attorney in legal representation. These rules became particularly relevant for lawyers and advocates managing POAs on behalf of clients.

Violations include:

• Not returning a POA when the mandate ends

• Failing to return POA, documents, or fees upon withdrawal

• Violating POA terms in legal representation 

When disputes over these violations occur, the Lawyers and Legal Consultants Affairs Committee imposes penalties. However, parties can file grievances with the Minister of Justice within 15 days, and some cases can escalate to court proceedings.

How Courts Evaluate POA Challenges

When someone files a challenge, UAE courts follow a structured evaluation process. They examine the original document, review all relevant evidence, and hear testimony from involved parties.

• Documentation Quality: Is the POA properly notarized and attested? Does it meet legal formatting requirements?

• Intent and Capacity: Was the grantor mentally competent? Did they understand what they were authorizing?

• Agent Conduct: Has the agent acted within their granted authority? Are there documented instances of overreach?

• Notification and Timeline: In revocation cases, when was the agent notified? What evidence exists of proper communication?

The burden of proof typically falls on the person challenging the POA. They must demonstrate that specific legal grounds exist for the court to intervene.

What to Do If You Need to Challenge a POA

If you believe a power of attorney should be challenged, timing is important. UAE courts impose specific deadlines for filing disputes, and missing these windows can eliminate your legal options.

Start by gathering all relevant documentation. This includes the original POA, any amendments, records of communications with the agent, and evidence of misconduct or invalidity. Next, consult with legal professionals who understand UAE civil procedures. They can assess whether legitimate grounds exist for your challenge and guide you through the proper filing process.

Remember that courts will not intervene in cases based solely on simple disagreements. You must demonstrate clear legal grounds, such as a lack of capacity, fraud, exceeding authority, or procedural failures. Without solid evidence, your challenge is unlikely to succeed.