---

name: draft-guardianship
description: Use when drafting a guardianship deed or order application for minors (where parents are deceased or incapacitated) or incapacitated adults. Jurisdiction-sensitive across MENA: KSA Najiz court system (wilayah — paternal grandfather priority), UAE Personal Status Courts for Muslims and DIFC Wills & Probate Registry for non-Muslims, Lebanon's confessional courts, and France (tutelle/curatelle for MENA-France dual nationals). Covers scope of guardian powers, property management rules, court reporting obligations, and handoff to a will or power of attorney.
license: MIT
metadata:
id: draft.guardianship
category: draft
practice_area: estate-personal-status
jurisdictions: [KSA, UAE, LB, FR, DIFC]
priority: P1
intent: [guardianship, wilayah, tutelle, guardian of minor, incapacitated adult, guardian appointment]
related: [draft-will, draft-power-of-attorney, draft-custody-agreement, draft-divorce-petition, review-personal-status]
source: Louis — HAQQ Legal AI (github.com/sboghossian/mini-claude-for-legal)
version: "1.0"

Guardianship Deed / Application

When to use this

Guardianship is the legal appointment of an individual to manage the personal and/or financial affairs of a person who cannot manage them independently:

• Minors whose both parents are deceased or permanently incapacitated.
• Incapacitated adults (mental or physical incapacity preventing self-management of affairs).
• Limited-purpose guardianship (specific asset, decision, or matter — e.g., managing inherited real estate for a minor; consenting to a medical procedure).

Guardianship is distinct from:

• Custody (hadanah) — day-to-day physical care of a child (parent is alive).
• Power of attorney — voluntary delegation of authority by a competent adult.

The applicable legal system (which court has jurisdiction; what rules apply) is determined by the ward's religion, nationality, and domicile. In MENA, Islamic-law jurisdictions apply the wilayah (ولاية) framework; Western civil-law jurisdictions apply tutelle / curatelle or guardianship order regimes.

Always recommend local court counsel — guardianship requires court appointment in all jurisdictions; this skill supports drafting the application and related instruments, not the final order itself.

Required inputs

Input	Why it matters	Default
Ward (name, date of birth, nationality, religion, current residence)	Determines jurisdiction and applicable law	—
Proposed guardian (name, relationship to ward, capacity to act)	Courts assess fitness; relationship priority matters in Islamic-law systems	—
Reason for guardianship (death of parents; incapacity; specific matter)	Determines grounds and scope of application	—
Ward's assets (nature, value, jurisdiction where located)	Determines extent of property-management powers requested	—
Other persons with legitimate interest (relatives, prior guardian)	Must be served or notified in most systems	—
Preferred court / tribunal	Determined by jurisdiction, religion, nationality	—

Jurisdictional framework

KSA — Wilayah under Sharia

In Saudi Arabia, wilayah (legal guardianship) follows Islamic law principles as administered by the Najiz court system (منصة ناجز — the unified court platform for personal-status filings).

Priority order for wilayah:

1. Father (if living and competent)
2. Paternal grandfather
3. Paternal brothers
4. Paternal uncles
5. Court-appointed guardian (for failure of all above, or in best-interest cases)

For incapacitated adults, the court (محكمة الأحوال الشخصية) appoints a guardian (ولي) following assessment.

Key features:

• Court approval required for all significant property transactions by the guardian.
• Annual financial reporting to the Personal Status Court.
• Compensation: guardians are entitled to reasonable compensation from the ward's estate, approved by the court.
• Successor guardian: the deed should nominate a successor (approved by court) to ensure continuity.

Filing process: through Najiz platform; legal counsel recommended for non-Saudi applicants.

UAE — Personal Status Court and DIFC Wills Registry

For Muslims: UAE Personal Status Courts (Sharia-based) apply federal personal status law and Islamic jurisprudence for Muslim wards. Similar wilayah priority order as KSA.

For non-Muslims (DIFC Wills and Probate Registry):

• The DIFC Wills Service Centre allows non-Muslim expats to register wills and appoint guardians for children who are Dubai residents.
• A registered DIFC Will can designate a guardian for minor children.
• Note: the Will can nominate a guardian; UAE courts still have jurisdiction over the custody arrangement for children habitually resident in UAE.

Abu Dhabi: the Abu Dhabi Civil Family Court (established 2021 under ADJD reforms) handles guardianship for non-Muslims under civil-law principles.

Lebanon — Confessional courts

Lebanon's guardianship system mirrors its personal-status framework: each religious community applies its own rules through its confessional court.

Community	Court	Framework
Sunni / Shia	Sharia court	Wilayah framework (paternal line priority)
Druze	Druze Personal Status Court	Druze law
Christian denominations	Respective ecclesiastical courts	Canon law; appointments confirmed by civil authorities

Guardianship appointments: confessional court appoints guardian; civil authorities register and enforce. Financial management of a ward's estate: supervised by court; transactions above a threshold (varies by community) require court approval.

France — Tutelle and Curatelle

For MENA-France dual nationals or for wards habitually resident in France:

Tutelle (full guardianship — for persons entirely incapable of managing their own affairs):

• Ordered by the Juge des tutelles (Family Court judge).
• Guardian (tuteur) manages all personal and financial affairs.
• Annual accounting to the court.
• Transactions above certain thresholds require court approval.

Curatelle (partial guardianship — for persons who need assistance but not full substitution):

• Ward retains capacity for day-to-day decisions; curator assists with significant decisions.
• Less restrictive than tutelle; preferred by courts when partial assistance is sufficient.

Habilitation familiale (simplified family authorization for adults with incapacity):

• Since 2015, allows family members to be granted authority to act for an incapacitated adult without full tutelle.
• Faster and less burdensome than tutelle.

Document structure

1. Application to the Court (for appointment proceedings)

Header: Court name, application date, applicant (proposed guardian), ward details.

Statement of facts:

• Ward's identity, date of birth, religion, nationality, and current residence.
• Present legal status (minor / incapacitated adult).
• Circumstances necessitating guardianship (death certificate of parents; medical diagnosis of incapacity).
• Proposed guardian's identity, relationship to ward, and fitness.

Scope of authority requested:

• Personal care decisions (residence, education, healthcare for minors).
• Financial management powers:
  • Property management (manage but not dispose of real estate without court approval).
  • Investment authority (invest ward's assets conservatively; specify asset classes).
  • Contractual authority (enter contracts on ward's behalf up to [amount] without court approval; larger amounts require court authorization).
  • Business management (if ward holds a business interest).

Compensation: propose reasonable compensation from ward's estate, subject to court approval.

Reporting: undertaking to file annual accounts to the court; notify court of any change in ward's circumstances.

Successor guardian: name a successor guardian to prevent gaps in appointment.

2. Guardian's Deed (once appointed)

The guardian's deed confirms the terms of appointment and the guardian's undertakings:

1. Identity of guardian and ward — full details; date of court order.
2. Scope of powers — as ordered by the court; enumerate.
3. Investment / property management rules — conservative investment mandate; no speculative investments; real estate transactions require court approval.
4. Accounting obligations — annual accounts in the form required by the court; maintain proper records.
5. Conflicts of interest — guardian must notify the court of any transaction in which the guardian has a personal interest; conflicted transactions require independent counsel and court approval.
6. Compensation — as approved by the court; reimbursement of documented expenses.
7. Successor guardian — upon guardian's death or incapacity, the successor takes over; court notification required.
8. Termination — on ward reaching majority; on restoration of ward's capacity; on court order; on death.
9. Jurisdiction and governing law — as specified in the appointment order.

Interaction with will and power of attorney

• Will: a parent may appoint a testamentary guardian in their will for minor children. The will is a nomination; the court confirms and appoints. See [[draft-will]] for will drafting, including testamentary guardian nomination.
• Power of attorney: for a living adult who wishes to grant authority before incapacity arises, a durable power of attorney is appropriate. Guardianship is court-supervised; a durable PoA is voluntary. See [[draft-power-of-attorney]].
• DIFC Wills: for non-Muslim expats in Dubai, a registered DIFC Will can nominate a guardian for children — the most practical mechanism available.

Common mistakes

1. Confusing custody (hadanah) with guardianship (wilayah) — a parent with physical custody does not have legal guardianship (wilayah) under Islamic law if the father is alive; the two concepts must be addressed separately.
2. Not serving interested parties — courts require that other persons with legitimate interests (other relatives; previous guardians) be notified and given opportunity to object.
3. Over-broad financial powers — requesting unlimited investment authority for a guardian is rejected by courts; define a conservative investment mandate with thresholds above which court approval is required.
4. No successor named — a guardianship without a successor creates a gap if the guardian dies or becomes incapacitated.
5. Ignoring the DIFC Wills Service for non-Muslim UAE residents — this is the most practical and accessible route to ensure a guardianship nomination is recognized in Dubai.

Related skills

• [[draft-will]] — will that nominates a testamentary guardian; executed alongside guardianship deed for comprehensive estate planning
• [[draft-power-of-attorney]] — voluntary delegation of authority short of full guardianship (for competent adults)
• [[draft-custody-agreement]] — physical custody arrangement for living separated/divorced parents (distinct from guardianship)
• [[draft-divorce-petition]] — divorce proceeding within which guardianship and custody may be determined
• [[review-personal-status]] — reviewing existing guardianship or custody orders for enforceability