Appointing a guardian is a process in which a person is appointed to manage the affairs and needs, physical and/or financial, of someone who cannot do so themselves.
Pursuant to the Legal Capacity and Guardianship Law, 1962, a guardian may be appointed for Someone who is one of these:
To the role of guardian One of these can be appointed:
A request for the appointment of a guardian must be filed by the spouse, parent, or other relative of the relevant person, or by a representative of the Attorney General, and it is submitted to the Family Court, in the vicinity of the residence of the person for whom the appointment is requested, or, in the case of a Muslim, to one of the Sharia courts.
The application will detail, among other things, the reasons for the need to appoint a guardian, the specific matters requested to be handled.
The facts stated must be supported by an affidavit attested by an attorney, as well as by additional relevant documents, depending on the circumstances of the request, including – an opinion from a psychiatrist or family doctor, a social opinion, an opinion from a committee for the diagnosis of intellectual-developmental disabilities, medical opinions in urgent cases, and so on.
It is important to note that if the person's first-degree relatives (parents, siblings, and children over 18, and spouses) do not wish to be appointed as guardian, a letter of consent from them to the appointment of the applicant must be attached to the request.
Also, if in the matter of the person, on whose behalf the request is submitted, there exists Continuing power of attorney, The power of attorney will be attached to the proceedings.
The court shall appoint as guardian the person it deems most suitable, in the circumstances of the case, for the benefit of the person for whom the application is filed, taking into account, where possible, their wishes, and with the aim of minimizing the infringement of the liberty of the person for whom a guardian is appointed, to the greatest extent possible. Accordingly, the court shall appoint a guardian only if the following conditions are met:
After examining the request and hearing the position of the person for whom a guardian is requested, provided their condition allows it, the court shall issue an order appointing the guardian, in which it shall specify one or more of the following matters for which the guardian is appointed:
In addition, the court shall determine the duration of the appointment of the trustee, to the extent possible, for the shortest period required to achieve the purpose for which the trustee was appointed, and if necessary, shall specify in the appointment order, instructions for the trustee's actions, including conditions and restrictions regarding their actions.
The process of appointing a guardian is, therefore, a complex procedure that must be handled with sensitivity and professionalism. Our firm has extensive experience in preparing applications for the appointment of a guardian and in representing the applicants or the family members of the person for whom the application is filed, within the proceedings in family courts.
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