UAE: A rich woman is looking for a curator to manage her money
The legal advisor, Dr. Youssef Al-Sharif, confirmed that the Personal Status Law empowered the state courts to have jurisdiction in cases of guardianship over money for the interdicted, who has a home or place of residence in the state, indicating that the elderly, who do not have children, and cannot Managing their money themselves because of old age, choosing and appointing a relative who they trust, and appointing him as the custodian of their money.
Al-Sharif presented, in a video episode broadcast by "Emirates Today" on its platforms, on social media, the story of a rich widow (75 years old), who has no children, cannot manage her property, and wants to appoint one of her brothers' children as a curator to manage her money, after he left Her younger brother Al-Dawla, who was her caretaker.
The questioner said, "She is an old woman, and she lived a life full of goodness in the state with her husband, and did not have children from him, and she acquired the citizenship of the state, and her husband died more than 10 years ago, and left her real estate with good sums," adding that "she was managing Her affairs by herself, and with advancing age, she developed chronic diseases, and she was no longer able to see, which made her appoint her younger brother, who resides in the state, as a curator to manage her money.
And she continued, "Her brother finally told her that he has grown old and wants to return to his country, settle there, canceled his residency and left the country, and currently she only has her nephews residing in the Emirates, and she wants one of them to take over the management of her affairs as a trustee." To file a lawsuit before the Emirati judiciary requesting the cancellation of the guardianship of her brother who left the country, or does she have to make a power of attorney for him?”
For his part, Dr. Youssef Al-Sharif explained that guardianship may be for more than one person, and the law does not object, but in the case of the questioner, if her nephew wants to cancel the guardianship of his uncle, then he may file a lawsuit to isolate values and appoint values in his place, and the person concerned comes to acknowledge By agreeing to appoint him as a trustee, and dismiss her brother, along with providing evidence of his exit from the state and cancellation of his residency, which means that he does not want to return to the country, and the relationship of the new custodian to the person concerned must be proven from the birth certificate or any document containing the full name of his mother.
Al-Sharif indicated that the state courts are competent to consider the case, and rule on it based on the fact that the concerned woman needs values, and she is in the judgment of the interdicted person whose condition does not allow him to dispose of his money, and she is a citizen with a home and place of residence in the state, and the current valuer has become without a home or place Residence or workplace in the state, and therefore the case can be filed based on the text of Clause No. (4) of Article (6) of the Personal Status Law, which states: “The state’s courts are competent to hear cases related to personal status that are filed against a foreigner who has no domicile, Or a place of residence, or a place of work in the state, in the following cases, if the lawsuit is related to one of the issues of guardianship over oneself or money, when the minor or the person to be interdicted has a domicile or place of residence in the state.
