A petition to appoint a guardian in Kuwait is one of the legal actions aimed at protecting the interests of individuals who are legally incapacitated or partially incapacitated and unable to manage their own assets. This type of lawsuit is filed to place the person’s assets under guardianship, but certain legal conditions must be met before the court will approve such a petition. The appointment is carried out in accordance with specific legal procedures.
Conditions for Filing a Petition to Appoint a Guardian in Kuwait
Under Kuwaiti law, the following conditions must be met to file a guardianship petition:
- The petitioner must be a relative of the person under guardianship, within the first to fourth degree of kinship.
- The petitioner must have full legal capacity.
- There must be a strong and clear reason for filing the petition, such as the person being legally incapacitated, of diminished mental capacity, a minor, or financially irresponsible.
- There must be no other legal means to safeguard the person’s assets.
Procedures for Filing a Guardianship Petition
- File the petition with the competent court, which is the Family Court.
- Submit a statement of claim containing full personal details of all parties.
- Include the subject of the petition, the reason for filing, and the specific request.
- Obtain the required stamps from the Notification Department, Fees Department, and Case Officers Department.
- Have the petition stamped by the Court Schedule Department to set a hearing date.
- Attend the hearing where relatives of the person under guardianship may testify.
- Pay all applicable court fees.
- Await the court’s decision appointing a guardian.
Reasons for Rejection of a Guardianship Petition in Kuwait
The court may reject a petition to appoint a guardian for several reasons:
- Lack of sufficient evidence proving the need for guardianship.
- Submission of falsified or incorrect documents.
- The court deems the stated reasons insufficient to justify guardianship.
- The case has been previously adjudicated, or the petition is filed for personal motives.
- The petitioner is found unfit due to bad reputation or prior legal convictions.
- The petitioner is not related to the person under guardianship.
- The person under guardianship is proven capable of managing their own affairs.
Required Documents for Filing a Guardianship Petition
- Statement of claim with full names and addresses of both petitioner and respondent.
- Copy of the petitioner’s civil ID or passport.
- Recent medical report proving the respondent’s incapacity.
- Death certificate of the father and grandfather in cases involving minors.
- Birth certificate of the minor.
- Medical certificate from the Ministry of Health in cases involving unborn children.
- Power of attorney if filed by a legal representative.
- Birth certificates and identification of witnesses.
- Guardianship order, inheritance certificate, or other court-required documents.
Powers, Rights, and Duties of the Guardian
Powers and Rights:
- Manage the ward’s assets, properties, and investments (with court approval).
- Spend from the ward’s funds for their benefit within reasonable limits.
- Represent the ward in legal actions and defend them in court.
- Receive a monthly allowance for managing the ward’s assets, as determined by the court.
Duties and Responsibilities:
- Manage the ward’s assets prudently and in their best interest.
- Preserve the ward’s property and prevent loss.
- Submit periodic financial reports to the court.
- Avoid any conflict of interest or misuse of the ward’s assets.
- Be legally accountable for any negligence or misconduct.
