Protecting the Legal Rights of Persons with Limited or Lost Capacity

At Al Wasl Legal Group, we place special emphasis on guardianship and legal incapacity cases, recognizing them as some of the most sensitive and complex matters within the personal status legal system. These cases do not merely affect a person’s legal standing—they deeply impact their dignity, human rights, and need for protection against exploitation or harm, especially when their ability to make sound decisions is diminished or absent.

We manage these cases with a strict legal methodology, balancing the precision of the law with compassion for the human reality, all while adhering fully to the legal procedures and safeguards established to protect individuals who lack full legal capacity.

The Nature and Legal Basis of Incapacity and Guardianship
Incapacity (ḥajr) refers to a court order that partially or fully restricts an individual from carrying out legal or financial actions due to:
    • A mental illness
    • A lasting inability to distinguish right from wrong
    • A medical or cognitive condition preventing them from managing their affairs

Guardianship (qiwāma), on the other hand, is the legal framework through which another person is granted authority to act on behalf of the individual under restriction, within clearly defined limits and under strict judicial oversight.

Our Guardianship & Incapacity Services Include:
• Filing petitions for legal incapacity before the competent court, supported by medical and social reports
• Legal representation in cases challenging an existing incapacity order, or requesting its removal or modification
•Managing the appointment of a legal guardian, responding to objections, and securing the necessary court approvals
•Preparing and submitting requests to authorize financial actions (such as sale, purchase, investment, donation) on behalf of the restricted person, with supporting documentation
•Preparing and filing periodic financial reports and asset statements required by the court or the Public Prosecution (Prosecution of Minors’ Affairs)
•Managing legal disputes among heirs or family members regarding the guardian’s eligibility, performance, or lawfulness of their actions
•Filing motions to monitor or remove a guardian in cases of abuse of power or breach of legal obligations

Our Office’s Legal Approach
Each guardianship or incapacity case we handle is subject to rigorous legal scrutiny. We emphasize that such procedures must only be initiated when absolutely necessary and after all preventive or supportive alternatives have been exhausted.

We do not seek to limit a person’s autonomy unless it is clearly in their best interest, and we ensure that any restrictions imposed are lawful, measured, and respectful of their rights and privacy.

At the same time, we work diligently to:
 • Protect the financial assets of the incapacitated individual from abuse or misuse
 • Ensure all transactions are conducted in compliance with the law
 •Maintain active oversight through court-appointed mechanisms and public prosecution bodies