The difference between guardianship and trusteeship
Both guardianship and trusteeship are legal matters aimed at protecting minors of all kinds and those who do not manage their personal or financial affairs well, but each has a different legal and functional scope. Through this article, we will learn about the difference between guardianship and trusteeship in the personal status system in the Kingdom of Saudi Arabia.
If you have any questions about guardianship or trusteeship in Saudi Arabia, the office of Attorney Abdul Majeed Al Rashid includes a group of specialized lawyers to obtain immediate legal advice around the clock.
The difference between guardianship and trusteeship
First: the state
The state is defined in the personal status system as a legitimate and regular authority granted by law to the father, or his legal replacement, in the minor’s personal affairs, including but not limited to education, travel, treatment, marriage, and others. Guardianship is considered one of the rights established by the father over his minor children, and after his death it is transferred to the one more deserving of it, unless the court rules otherwise.
Article (16) of the Personal Status Law stipulates that: “Guardianship over oneself belongs to the father, then his guardian, then the paternal grandfather, then his guardian, and the court may, if this is not possible, appoint whomever it deems appropriate.” Thus, guardianship is exercised by a natural decision without the need for a court appointment, as long as the legal guardian is present and qualified and there is no dispute between those entitled to it.
Second: Guardianship
Guardianship, unlike guardianship, is a power granted by judicial decision to a person appointed by a judge, whether it is guardianship of money, self-government, or both. Guardianship is often used in the absence of a legal guardian, if it is proven to be invalid, or when the father dies without a qualified beneficiary.
Article (17) of the same system stipulates that: “The guardian is the one appointed by the father or the court to care for the minor, manage his money, or both.” The judiciary must supervise the guardian’s actions, and periodic reports must be submitted to it to review the guardian’s actions and assess the extent of his commitment to the minor’s interests.
What conditions must be met when appointing a guardian or trustee?
The guardian of the soul or property must be fully qualified, trustworthy, and able to carry out the requirements of the guardianship entrusted to him. The guardian of the soul must be united in religion with the one upon whom he is entrusted if he is a Muslim. Also:
He shall not be convicted of a crime that violates honor and trust unless his reputation is restored.
Not to be doomed to insolvency due to his inability to manage his own money.
He must not be sentenced to removal from guardianship over another minor due to harming him or neglecting to preserve his money.
There should be no enmity between him and the minor that he fears for his own interests.
When does the court dismiss the guardian or trustee?
The court dismisses the guardian or trustee in the following two cases:
If one of the above conditions is violated based on the text of Articles 140 and 141 of the Personal Status Law
If the guardian or trustee neglects the duties of guardianship or trusteeship, or is unable to perform them.
When does the term or guardianship end?
Guardianship and guardianship end in the following cases:
The minor reaches the age of majority enjoying his mental powers.
Lifting the stone from the person under guardianship.
Death of a minor.
The minor’s father regains his eligibility.
Dismiss the guardian or trustee or accept his resignation.
Death, loss or deficiency of the guardian or trustee.
Proof of the loss or absence of a guardian or trustee.
The end of the state of loss or absence of the Lord.
The difference between guardianship and trusteeship
Frequently Asked Questions Regarding Guardianship and Guardianship:
What is the difference between guardianship and trusteeship in the Saudi personal status system?
The guardian is the father, or someone appointed by the court. The guardian is the one appointed by the father when he is incapacitated or after his death. The guardian or trustee, as the case may be, is responsible for the minor’s affairs and representation. Based on the text of Article 137 of the Saudi Personal Status Law
What is the difference between state and custody?
Guardianship is the extension of the legal right of the father or grandfather to manage the affairs of the children, while custody is the protection of those who are not independent of what harms them, their upbringing, and the maintenance of their interests, including education and treatment.
Custody is one of the duties of both parents as long as the marriage exists between them. If they separate, custody is for the mother, then she is more entitled to it in the following order: father, then mother’s mother, then father’s mother.
Can a father remove a guardian he previously appointed?
Yes, the father can dismiss the guardian whenever he wants.
What are the conditions for a mother’s guardianship over her children after the death of her husband?
If the minor has no guardian, or is removed, the court shall appoint a guardian over the minor’s property after taking the opinion of his mother, unless the court appoints her as guardian over his property. In accordance with the text of Article 152 of the Personal Status Law
No comments