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Guardianship law in Abu Dhabi, governed by the Federal Law No. 28 of 2005, also known as the Personal Status Law, and complemented by local Sharia laws, explains the agnate rights and responsibilities of a guardian over minors or incapacitated family members. Guardianship involves the legal, moral, and financial responsibilities of the guardian towards the ward. The role of a guardian could range from keeping the personal belongings of the ward, taking care of the individual's education, until they reach the age of maturity or until the incapacitation ends.
Understanding the complexities of guardianship law in Abu Dhabi can be challenging and you may require a lawyer to ensure your rights and responsibilities are effectively addressed. When disputes arise over guardianship rights, a legal expert can offer valuable counsel and advocate for your rights. This could be scenarios such as selecting a guardian after the death of a parent, ensuring a guardian is performing their responsibilities, or handling guardianship disputes after divorce or separation. Lawyers can provide practical legal advice and strategic guidance, thereby ensuring your interests are adequately defended.
Guardianship laws in Abu Dhabi are guided by Sharia laws, which emphasize the welfare of the ward. An adult male relative on the father's side usually assumes guardianship, but ultimately, the Court has the discretion to appoint a guardian based on the best interests of the minor or the incapacitated individual. Guardians are forbidden from using the ward's estate for personal advantage, and they must handle the affairs of the ward, both personal and financial, to the best of their ability. Violation of these stipulations is met with significant legal penalties.
A guardian is usually an adult male relative from the father’s side. However, the Court can appoint an appropriate individual based on the child's best interests.
A guardian is responsible for the well-being of the child/ward, including their personal, educational, social, and financial matters.
The Court will consider factors such as the guardian's moral status, financial condition, and the ability to fulfill their responsibilities.
Guardianship typically ends when the ward reaches the age of maturity, which is 21 years under UAE law, or when the ward’s incapacitation ends.
Once reaching the proper age, if the ward demonstrates rational reasoning, their opinion may be factored by the Court in guardianship decisions.
Any person with an interest in the welfare of the ward can bring the matter to the Court. If the Court finds serious neglect, it can dismiss the guardian.
Yes, there can be more than one guardian. However, the roles of each guardian, main or subordinate, are delegated by the Court.
The guardian is obliged to protect and manage the assets for the benefit of the ward. Misuse of these funds can result in legal penalties.
A successor appointed by the Court takes over the guardianship. If no successor is in place, the Court will appoint a new guardian based on the best interest of the ward.
In Abu Dhabi, guardianship is typically granted to Muslim relatives. In particular scenarios, considering the ward’s best interest, a non-Muslim might be appointed with specific Court's discretion.
The Abu Dhabi Judicial Department and the Ministry of Community Development offer resources and guides related to guardianship, including procedural details, checklists, and directories of legal services. Consultation with legal experts or family consultancies can provide much-needed clarity regarding guardianship laws.
If you require legal assistance regarding guardianship, it's advisable to consult with a lawyer who specializes in family law and is familiar with the local Sharia law. They can guide you through the process, assist with documentation, and represent your interests in Court proceedings, if needed. Ensuring a trusted and well-informed individual is appointed as a guardian is crucial to safeguarding the best interests of the ward.
