Quick Answer
Legal guardianship in the UAE depends on the type of authority required and the person who needs protection. Under Federal Decree-Law No. 41 of 2024, a father holds guardianship over a minor’s property by law, followed by the tutor he appoints, the paternal grandfather, and then the court. Where a court appointment is required, the applicant must satisfy the legal conditions, provide supporting documents, and apply before the competent court.
“Legal guardianship” in the UAE covers more than one thing, and the route to it depends on who is asking and for whom. A father is the guardian of his minor child by law and does not apply for it. A relative who wants to look after a child whose parents have died has to be appointed. A family who needs someone to manage the affairs of an adult who cannot do it for themselves is dealing with a different procedure again. This article explains how you get legal guardianship in the UAE in each case.
Legal Basis: Articles 126 to 130 and 146
Article 128 of Federal Decree-Law No. 41 of 2024 on Personal Status divides guardianship over a minor into guardianship over the person, meaning general supervision in a way that does not conflict with the custodian’s authority, and guardianship over property, meaning care of everything related to the minor’s property, and allows both to be combined in one person. Article 129 provides that guardianship over the minor’s property is solely to the father, then to the tutor he names, then to the paternal grandfather, then to the court, and that a father or grandfather may not relinquish it without the court’s permission.
Article 126 provides that the father may appoint a tutor to manage the affairs of a minor, lunatic, idiot or fetus in the event of the father’s inability or after his death, or the court may appoint one for a specific or indefinite period or task whenever the interest requires, and the court may appoint the mother as tutor over the minor’s property. Article 127 provides that the court appoints a trustee to manage the property and affairs of an incapacitated prodigal or inadvertent person. Article 130 sets the conditions the guardian or trustee must meet.
The Conditions Every Guardian Must Meet
- Full legal capacity, trustworthiness, and ability to carry out the guardianship.
- The same religion as the person under guardianship, if he is Muslim, for guardianship over the person.
- No conviction for a crime against honor or trust, unless his standing has been redeemed.
- No insolvency or bankruptcy due to inability to manage his own property or guardianship over property.
- No previous removal from guardianship of another minor for harming him or neglecting his property.
- No enmity with the minor that would harm the minor’s interests.
Four Situations, Four Routes
- You are the father. You hold guardianship by law under Article 129. You do not apply to the court, but you act within the court’s supervision for significant property decisions.
- A father wants to appoint someone for after his death. He may appoint a tutor under Article 126, commonly by will, and the court may appoint a tutor where he has not.
- A parent has died or cannot act, and you are a relative. You apply to the competent court for appointment as tutor or guardian. On a death, Article 5(2)(a) gives the estate judge jurisdiction to appoint a tutor for minors, among other estate matters.
- An adult cannot manage their affairs. The court appoints a trustee under Article 127 on a request that is notified to the public prosecution and the potential heirs.
How to Apply for Guardianship in the UAE
- Step 1. Identify the type of guardianship you need, over the person, over property, or tutorship for a particular purpose.
- Step 2. Check you meet Article 130. Be ready to show capacity, trustworthiness, and a clean record on the listed grounds.
- Step 3. Gather documents. Identification, proof of relationship, death or incapacity certificates, medical reports where capacity is in issue, and details of the minor’s property.
- Step 4. File with the competent court. Article 3(5) sets local jurisdiction at the domicile or place of residence of the guardian or the minor, and for tutorship at the most recent domicile of the deceased or the minor.
- Step 5. Attend hearings. The court may investigate and request what it considers necessary under Article 6, and the interest of the minor governs.
Need Help With a Guardianship Application?
Speak with Faris Raian about the type of appointment required, the supporting documents, and the court application for your family member.
What a Guardian or Tutor Must Do After Appointment
- Prepare an inventory of the minor’s property and deposit it with the court within two months from the beginning of guardianship, under Article 135.
- Obtain the court’s permit before disposing of immovable property, borrowing for the minor, renting beyond a year after majority, and the other acts listed in Articles 137 and 144.
- Submit periodic accounts where the tutor is authorized to trade or is monitored by the court, under Articles 140 and 143.
- Never lend or donate the minor’s property, which Article 134 treats as null and void and gives rise to liability.
Guardianship for Expats and Non-Muslims
The Civil Personal Status Law, Federal Decree-Law No. 41 of 2022, does not contain a guardianship chapter and refers to other laws in force for matters it does not provide for, under Article 15. The Civil Transactions Law, Federal Decree-Law No. 25 of 2025, provides in Article 16 that the substantive matters of guardianship, tutorship and curatorship for persons lacking or of limited capacity are governed by the law of the person to be protected. For a foreign child or adult, the home-country rules may therefore bear on the question, and a guardianship order from abroad may not be effective here without further steps. Take advice before relying on either.
Educational Guardianship Is Separate
Educational guardianship under Article 112 of the Personal Status Law concerns who decides the child’s education after separation, and it belongs by default to the custodian mother. It is not the same as general guardianship, and it is covered in its own articles.
Common Mistakes
- Confusing custody, guardianship, and tutorship.
- Assuming a relative can act for a minor without a court appointment.
- Failing to deposit the inventory within two months.
- Dealing with the minor’s immovable property without a permit.
- Assuming a foreign guardianship order operates automatically in the UAE.
How Faris Raian Can Assist
Faris Raian assists families with UAE personal status matters involving guardianship, tutorship, custody, and court applications concerning children and vulnerable family members. Where an appointment is required, the legal route depends on whether the application concerns guardianship over the person, property, a tutor for a minor, or a trustee for an incapacitated adult.
Frequently Asked Questions
Who is the legal guardian of a child in the UAE?
The father, then the tutor he names, then the paternal grandfather, then the court, for guardianship over property, under Article 129.
Can a mother be a legal guardian?
The court may appoint the mother as tutor over the minor’s property under Article 126(2).
How do I become a legal guardian if the parents have died?
Apply to the competent court for appointment, showing you meet Article 130. On a death, the estate judge may appoint a tutor under Article 5(2)(a).
Can I get guardianship over an adult relative?
Where an adult is incapacitated, the court may appoint a trustee under Article 127.
Key Takeaway
In the UAE, some guardianship rights arise by law while others require an appointment by the father or the court. The correct application depends on whether the matter concerns a minor, an incapacitated adult, guardianship over the person, guardianship over property, or tutorship. Applicants should identify the correct route, satisfy the statutory conditions, and file the necessary evidence before the competent court.
Book Your Consultation
If you would like to discuss your family law matter with Faris Raian and the Leaders Advocates team,
