In addition to shouldering the responsibility of raising their children, parents in UAE are also faced with the additional task of safeguarding their children in the event of an emergency. Unavoidable last-minute travel and medical emergencies often have the habit of showing up at the most inconvenient times. Under these circumstances, having someone who can make decisions with the best interests of your child is crucial. A Power of Attorney for minors is a legal document that gives parents peace of mind that their children’s interests will always come first. This is one of the best ways to protect them.
What a Power of Attorney for minors means
In the UAE, a Power of Attorney lets a parent or legal guardian give another trusted individual (usually a relative or close family friend) the power to make some decisions for their children. These choices can include giving permission for travel or making sure that the children get the medical care or education they need when the parents can’t be physically present or can’t act on their behalf.
This legal arrangement is very important for expat families who live in the UAE because they often travel internationally or may not have a lot of extended family support in the region Parents can be sure that there won’t be any misunderstandings or delays if they need to make an important decision for their child by using a POA.
The Legal Background: Personal Status Law in the UAE
The UAE Personal Status Law (Federal Law No. 28 of 2005) lays out the rules and sets the standard for issues involving guardianship, custody, and the welfare of children. According to this law, the father is usually in charge of the financial and administrative matters of minors, while the mother is in charge of the day-to-day care of the children, depending on the situation. But the law is clear that if a parent can’t be found or there is any dispute, guardianship and custody arrangements can be changed by a court.
This means that a court could decide who takes care of a child and makes decisions for them if there aren’t clearly set instructions. A well-drafted Power of Attorney in Dubai makes it clear that a parent has chosen someone to act on their child’s behalf within the limits set out in the document.
When Parents Should Think About Getting a POA for Their Kids
1. Travelling abroad
If kids are going on a trip without both parents, many schools in the UAE require a notarised letter of consent or a POA. Airlines, immigration officials, and even consulates often require official permission before letting minors cross borders. A Child Travel Power of Attorney makes sure that travel plans go smoothly and that there are no issues at the airport or during immigration.
2. Medical problems that need immediate attention
If a child needs immediate medical attention and the parents can’t be contacted, hospitals may require consent from a legally recognized guardian. A POA that gives someone the power to make medical decisions lets a trusted representative act quickly, which can save time when medical care is of utmost priority.
3. School and Education-related matters
Schools in the UAE may ask parents for permission for activities, trips, or decisions about enrollment. A POA lets a trusted person take care of these things if parents travel frequently.
4. Unexpected absence of crisis
There may be times when parents can’t personally take care of their child’s needs because they have to go on a business trip, go to the hospital, or something else that comes up. A POA is like a safety net that makes sure the child’s needs will be taken care of in a responsible way, even in the absence of the parents.
Important things to think about when writing a Power of Attorney in Dubai
When writing a Power of Attorney in Dubai or anywhere else in the UAE, it is important to be accurate and follow the laws of the area. Here are some important things to think about:
- Scope of Authority: The document should make it clear what the appointed representative can and can’t do. For instance, parents might only give the POA the power to make medical and travel decisions, leaving out financial decisions.
- Pick the Right Representative: It’s very important to choose someone who is trustworthy and dependable, like a family member or close friend who you know will always have the best interest of the child, before making any decision.
- Notarisation and Attestation: A POA must be notarised in the UAE for it to be legally binding. People usually do this at a notary public office in Dubai or another emirate.
- Ascertain the Validity Period: Parents can choose how long the POA will be valid, such as specifically just for their travel duration, or make it ongoing until revoked.
- Language and Translation: If the POA is written in English, it usually needs to be translated into Arabic before it can be notarised.
Why This Is Important for Families Living Abroad
When it comes to legal issues involving their families, expats in the UAE often have to deal with problems that are different from those of other people. Local courts use Sharia Law, which may be very different from what people expect. This is not the case in their home countries. If parents don’t have a POA, they could leave important decisions up to the courts.
Parents can ensure that these matters are not left to chance by getting a Power of Attorney in the UAE for their minor children. It is the best way to ensure that the child’s affairs are dealt with in a manner that they see fit. avoid legal problems, and make sure that their child’s best interests are protected under all circumstances.
