For expat parents in the UAE, securing their children’s future goes beyond drafting a will or naming permanent legal guardians. In the event of a tragedy, legally appointed temporary guardians ensure children receive immediate care until permanent guardians arrive—preventing them from being placed under state custody.
“Parents should appoint temporary guardians to guarantee their children’s safety in case of sudden incapacity or death,” explains Samara Iqbal, founder of Aramas International Lawyers. “Without a legally recognized temporary guardian, children could face uncertainty or even be placed under government care while awaiting their permanent guardians.”
Why Temporary Guardianship Matters
In the absence of legally designated temporary guardians, children left behind may face significant delays in being reunited with family. Contacting relatives overseas can take time due to logistical challenges, including time zone differences, visa processes, and travel arrangements. Without proper legal documentation, even close friends or family members in the UAE cannot step in to care for them.
Legal expert Mohammad Marria, CEO of Just Wills, warns that while rare, situations where both parents pass away simultaneously are not unprecedented. “I have been advising expats for years to appoint temporary guardians. Failing to do so could lead to unimaginable complications.”
A Real-Life Perspective: Learning the Hard Way
For Emma de Lautour, a Dubai-based project coordinator and mother of three, the importance of temporary guardianship only became clear after a friend faced a legal battle following her husband’s death.
“Initially, we assumed our will from France would be sufficient,” she recalls. “We thought our children would automatically be sent to their permanent guardians in Paris. That wasn’t the case.”
In 2021, de Lautour and her husband formalized temporary guardianship for their children—Eva, 19, Oskar, 17, and Nina, 10. “It was an easy and straightforward process, yet so many parents are unaware of its importance,” she says.
The couple chose two close friends with families of their own as temporary guardians. “Most people we spoke to didn’t know this was necessary. The thought of our children being placed with strangers was terrifying,” she adds.
How to Choose the Right Temporary Guardians
Temporary guardians should ideally be UAE residents and individuals the children already know and trust. Legal experts advise keeping guardians informed about their responsibilities, even though they do not need to be physically present for document finalization.
According to Romano Dolbey, head of wills and inheritance at James Berry & Associates, guardians should also be provided with essential legal contacts, including details of the Dubai International Financial Centre (DIFC) and Abu Dhabi Judicial Department courts.
Some parents even share copies of the guardianship documents with nannies or housekeepers, ensuring an extra layer of preparedness. “One of my clients listed 10 couples—20 people in total—as temporary guardians,” Marria says. “While that’s not common, having at least three or four options is ideal.”
Updating Temporary Guardianship Documents
If a temporary guardian moves out of the UAE, parents must update their legal documents with a lawyer. “Circumstances change, and guardianship documents should evolve accordingly,” Marria explains.
For de Lautour, securing temporary guardianship was a vital but often overlooked step. “It’s easy to put off, but in reality, it’s a fast and simple process. More parents need to be aware of how crucial it is.”