Faisal Ali Addabi

Summary of the Problem: the principle issued a formal power of attorney from court authorizing the agent to operate all the principle’s accounts opened with the banks working in the state in favor of the principle and not in favor of the agent or any third party, the period of the said POA was 5 years from the date of issue. The principle died after two years from the date of issue of the POA. The banks had blocked all the late principle’s accounts based on the heirs’ request and the agent was prohibited from operating any of the late principle’s accounts, the agent did not accept this, the problem aroused between him and the heirs and no amicable solution had been reached.

The agent filed a civil case against the heirs and the cause of action was as follows: the POA is still valid because its validity period is five years from the date of issue. The agent requested the court to bind the heirs (the defendants) to allow him to operate all the late principle’s accounts.

Summary of the Solution: according to the applicable laws of most countries in the world, the POA terminates by the principle’s death unless the POA has been issued in favor of the agent or in favor of a third party or the POA is intended to be executed after the principle’s death. The legal solution to this problem is as follows: the court will issue a judgment in favor of the heirs and will dismiss the agent’s case on the ground that the POA was terminated by the principle’s death as it was not issued in favor of the agent or any third party and was not intended to be executed after the principle’s death.

Advocate\Faisal Ali Addabi