Parents in the UAE can find themselves temporarily unable to make decisions for their children due to travel, health issues, or unexpected family circumstances. In such situations, having clear legal authority in place allows another trusted adult to act on the child’s behalf when needed.
A guardianship power of attorney in the UAE is intended for this purpose, but it comes with stricter rules than a standard POA. Because it involves minors, the law applies additional safeguards, making it important for parents to understand how these arrangements work before putting them in place.
How Guardianship Works Under UAE Law
Guardianship of minors is treated with particular care under UAE law. The rules clearly define who can act on a child’s behalf and the limits of that authority. Federal Decree-Law No. 41 of 2024, which came into force in April 2025, sets out the current legal framework governing these matters.
Under the law, guardianship is divided into two distinct areas:
- Guardianship over the person, which covers matters such as daily care, health decisions, and education
Guardianship over property, which involves managing assets, inheritance, or financial interests belonging to the child
The father is recognized as the primary guardian by default. If he is unable to fulfill this role, the court may appoint a tutor or another suitable guardian.
Even then, authority is not unlimited. Courts remain involved in major decisions, especially those affecting a minor’s property. Actions such as selling assets, investing funds, or borrowing on a child’s behalf require prior court approval, regardless of whether a power of attorney is in place. This oversight exists to protect the child’s rights and prevent misuse.
When Parents Need to Appoint a Temporary Guardian
There are many situations where parents need temporary legal cover for their children. A power of attorney used by parents in the UAE for guardianship purposes can provide this coverage when it is limited in scope and duration.
Common examples include:
- Long business trips abroad, where the remaining parent or a trusted relative needs authority to manage school enrollment, medical consent, or official paperwork
Medical situations where one parent is incapacitated and the other needs clear legal authority to act alone
Divorce or separation scenarios where custody arrangements require a non-custodial parent to make specific decisions during their parenting period
The key point here is that these arrangements are temporary. A guardianship POA does not replace custody orders or permanent guardianship rights. Instead, it serves as a short-term legal solution for defined circumstances.
A well-drafted power of attorney UAE can help avoid delays when schools, hospitals, or government bodies require formal proof of authority.
What a Guardianship POA Can and Cannot Cover
UAE law places clear limits on what can be delegated through a power of attorney in UAE guardianship matters. These limits exist to ensure that a child’s welfare is never compromised.
What a guardianship POA usually allows includes:
- Enrolling a child in school or educational programs
Giving consent for routine medical care, such as check-ups or vaccinations
Travelling with the child within or outside the UAE, if explicitly stated
Communicating with schools and attending parent meetings
Managing everyday care decisions related to meals, activities, and schedules
What cannot be delegated through a guardianship POA includes:
- Consent for major medical procedures, which typically require court approval or consent from both parents
Selling, transferring, or mortgaging a child’s property, which always requires court permission
Changing the child’s religion, name, or nationality
Agreeing to adoption or permanent custody changes
In practice, a guardianship POA is meant to support day-to-day care and administrative needs, not to replace parental authority or court oversight in serious or irreversible decisions.
Legal Requirements for Creating a Valid Guardianship POA
For a guardianship POA to be recognised by UAE authorities, it must meet specific legal standards. Documents that do not follow these procedures are often rejected when they are needed most.
Key requirements include:
- Consent from both parents, where possible, particularly when both hold legal custody
Drafting the document in Arabic or providing an official legal translation
Proper notarization through approved UAE channels
Clearly defining the scope of authority, duration, and specific powers granted
Including passport copies of both parents, the appointed guardian, and the child
Some situations require additional approvals. Property-related matters must go through the court, and travel authorisation may require further documentation depending on immigration rules and destination countries.
It is also important to ensure the POA reflects current circumstances. Changes such as relocation, a child reaching legal age, or shifts in custody arrangements may require the document to be updated or reissued. Checking the guardianship POA from time to time helps make sure it still reflects your situation and will be accepted when you actually need to use it.
Get Your Guardianship POA Done Right
A guardianship power of attorney in the UAE plays a practical role when a child’s affairs need to be managed in situations where a parent or guardian cannot be present. Because it is closely tied to court oversight and child protection laws, the document must be carefully limited and aligned with the guardian’s legal responsibilities.
When prepared correctly, it helps ensure decisions are made smoothly, lawfully, and always in the minor’s best interests.
