2023-04-25 22:05:03
The Ras Al Khaimah Civil Court of First Instance rejected the lawsuit of two (Arab) brothers who demanded that their father, who is ill with Alzheimer’s, be summoned, according to their description, to explain the correctness of his actions, and to present their two sisters to a doctor to measure their psychological condition.
In detail, the two plaintiffs stated in the lawsuit statement that their father had previously authorized the first plaintiff under a power of attorney on his behalf and to represent him in the conduct of his business, but it became clear to them that their two defendant sisters took their father to the notary public and forced him to cancel the power of attorney issued to the first plaintiff and he issued to the two sisters a general power of attorney that gives them the full right in buying and selling and freedom of action, which may harm their father, especially since he suffers from Alzheimer’s disease.
The plaintiffs added that their two sisters prevented them from seeing their father, and demanded that their father be summoned to indicate the validity of his actions and to summon a neurologist to ask him regarding his health, in addition to presenting the two sisters (the defendants) to a doctor to clarify their psychological condition and stop the work of the agency issued by their father to the defendants in an urgent manner and annulment All the actions of the two sisters (the defendants) until the case is decided, the state of their father’s health is stated, a medical examination is conducted at a government hospital to indicate his physical and mental condition, and the defendants are obligated to pay fees and expenses.
The representative of the two sisters submitted a memorandum in which he requested the dismissal of the case due to its lack of legal support, because the notary public was looking at the agent regarding the conclusion of the agency and spoke with him and made him understand the content of the power of attorney and proved the father’s approval of the agency and the validity of his signature on it, and it is a valid power of attorney that cannot be challenged except by forgery. To the plaintiffs, it was not issued by an accredited medical committee, and that the defendants do not object to presenting the father to a specialized medical committee to sign a medical examination on him to ensure the integrity of his mental perceptions.
For her part, the first defendant asked to be removed from the case, she isolated herself from the power of attorney granted to her by her father, and it was stated in the operative ruling of the Ras Al Khaimah Civil Court of First Instance that the cancellation of the actions in the two powers of attorney issued by the father and the invalidation of the consequences of the actions issued according to the power of attorney that he assigned to the two defendants, For the plaintiffs to file a lawsuit once morest their sister without litigating the person from whom those actions were issued is not right, and accordingly the lawsuit is premature and the ruling was directed to not accept it to be filed prematurely.
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