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The regulations of the Curatorship under Kuwaiti law

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Public Authority for Minors Affairs and its Functions

The Public Authority for Minors’ Affairs is a governmental body established by the State of Kuwait to manage orphans’ property. The legislator departed from the principle of Curatorship procedures to manage the minor’s property with one of the relatives, by making the Curatorship of the orphan’s property to the Public Authority for Minors Affairs, if he had no father or guardian chosen by the father or grandfather unless the court considered that the order was harmful to the minor or that a relative in charge requested the appointment of another guardian in the interest of the minor and puts it ahead of any other considerations.

Who is the chosen guardian?

He is the one whom the father or grandfather chooses, or who has the right of Curatorship before them to be his successor in Curatorship over his minor children and their money after his death. The father’s trustee takes precedence over the grandfather, and if not, then the grandfather, then the grandfather’s trustee, and if not, then the judge and the judge’s trustee. Don't forget that an experienced Kuwaiti family attorney will protect and establish all your legal rights. 

Conditions that must be met by the chosen guardian:

  • Freedom
  • Puberty
  • Mind
  • Reasoning means good disposal of money.
  • To be honest with money.
  • If the Curatorship is for a Muslim, it is stipulated that the guardian must be a Muslim.

Obstacles To Curatorship

  • Sentenced for an offense against decency or honor.
  • A person who has been sentenced to an offense that legally requires that his or her jurisdiction over the same minor be taken away.
  • Who was known for bad Behavior Condemned to bankruptcy until he is rehabilitated.
  • He was previously robbed of his mandate.
  • The father decided before his death to deprive him of his appointment.

What is the difference between Curatorship and Guardianship?

The Curatorship of a minor who has not reached the age of majority, whether distinct or not, is divided into two states of   Guardianship) Tutorship, to be of legal age, and a Curatorship over a property. together goes to the father. In the absence of the father, the grandfather in blood, and the absence of the father or grandfather, the Curatorship is separated from the Curatorship of property, and the latter became guardianship, so the Curatorship of the minor's property belongs to the appointed person by the father or grandfather in blood before their death and is called the chosen guardian, provided that the Curatorship is established by the court after the death. and if there is no guardian, the guardian is appointed by the Shariah Court.

And here we have arrived at the conclusion of this article presented through the Integrated Legal Group website, in which we touched upon Curatorship and its role in Kuwaiti law, the functions of the Public Authority for Minors Affairs, the conditions that must be met by the chosen guardian, the obstacles to guardianship, and others, and before you choose a lawyer for the Curatorship lawsuit in Kuwait, there are many points that must be taken into account. You must first understand the nature of the legal problem that you are facing. Is it related to the claim of dropping Curatorship or acquiring Curatorship among others, and then it is necessary to ensure that the chosen Kuwaiti family law lawyer has the appropriate legal expertise and experience for your legal problem.