What is Legal Capacity in UAE?

Legal Capacity: Definition

Legal capacity in UAE (الأهلية القانونية in Arabic) refers to an individual’s legal and mental ability to understand and execute a Power of Attorney (POA) in the UAE. It determines whether a person has the competence to grant legal authority to another person to act on their behalf.

Understanding Legal Capacity

Under UAE law, legal capacity involves the mental and legal competence to understand the nature and consequences of creating a POA. This includes comprehending the scope of powers being delegated and the implications of such delegation.

Legal Requirements and Qualifications

To establish legal capacity for a POA in the UAE, individuals must meet specific criteria:

Must be at least 21 years old
Must be of sound mind
Must act voluntarily without coercion
Must understand the nature of the POA
Should not be legally declared incompetent

UAE Legal Framework

The UAE maintains distinct requirements for legal capacity:

For UAE Nationals:
UAE Personal Status Law and Civil Code govern capacity requirements.

For Expatriates:

ADJD and Dubai Courts follow specific capacity verification procedures
DIFC Courts may have additional requirements
Notary processes include capacity assessment

Common Concerns and Solutions

Key considerations for legal capacity:

Verification Requirements:

Mental state assessment
Age verification
Legal status confirmation
Capacity documentation

Practical Applications

Different scenarios require different approaches:

For General POA:
Like John, who demonstrated capacity through proper identification and sound decision-making ability.

For Special POA:
Consider Sarah, who required medical certification to prove capacity for a specific transaction.