Why temporary guardianship is essential for parents in the UAE – and how to set one up for your children

A legal arrangement can ensure little ones have immediate care in the event of death

Mother-of-three Emma de Lautour and her husband Iannis Mardell legalised temporary guardians for their children in 2021. Photo: Emma de Lautour

In the case of parents dying, legally appointed temporary guardians can care for children until they are either taken into authority care or their permanent guardians arrive.

As any mum or dad knows, having a will and choosing permanent legal guardians for your children offers peace of mind that little ones will be taken care of both physically and financially in the event of both parents’ deaths.

While these legal aspects of expat parenting in the UAE are well known, the lesser-known but equally important task of appointing temporary guardians is much less talked about.

“Parents living in the UAE should appoint temporary guardians to ensure that their children have immediate care and protection in case of an emergency, such as the parents’ sudden death or incapacity,” says Samara Iqbal, founder of Aramas International Lawyers.

Samara Iqbal is an international family lawyer and can help parents set up a temporary guardianship. Photo: Aramas International Lawyers

“Since expatriate families may not have immediate relatives in the country, without a temporary guardian in place, their children could face uncertainty or even be placed under state custody while waiting for a permanent guardian to arrive. A temporary guardian ensures continuity of care and minimises legal and logistical complications.”

Why choose temporary guardians in the UAE for your children?

In the event of both parents' deaths, contacting the relevant people in their home country by friends, UAE authorities and embassies could be delayed in the aftermath of an event or accident due to time differences or lack of available information.

Being uncontactable, having to book flights, and taking into consideration visa processes can all slow the arrival of permanent guardians. In the absence of legal temporary guardians in the UAE, the welfare of children falls to government authorities, who make suitable provisions for minors that would likely involve them being taken care of by strangers.

Close friends or even family members would not be able to take temporary custody without the required legal documentation.

“I’ve been advising people for a long time about ensuring they appoint temporary guardians,” says Mohammad Marria, chief executive and founder of Just Wills. “While it is rare that both parents pass away at the same time, it is not without precedent.”

'It would be a nightmare if nothing were put in place'

Project co-ordinator and mother-of-three Emma de Lautour and her husband Iannis Mardell legalised temporary guardians for their children in 2021, after coming to Dubai in 2012.

“We actually found out about the process by pure fluke,” says the British-Swedish national. “We’d been living in Dubai for quite a few years and had heard about doing a will, but it took a friend of a friend finding herself in a situation concerning guardianship after her husband passed away that made us realise that the kids could be placed with people they don’t know if we didn’t have something legal in place.”

Emma de Lautour with children Eva, Nina and Oskar and husband Iannis Mardell. Photo: Emma de Lautour

Calling the process “easy” and “straightforward”, de Lautour engaged a legal firm to draw up a separate will and temporary custody document regarding their children Eva, 19, Oskar, 17 and Nina, 10.

“You can have separate documents for your will and temporary guardianship,” says Marria. “Sometimes there is personal information in the will that you don’t want others to see, so you can separate the two and pay two lots of court fees.”

Lautour and her husband chose two male friends who each have their own families to act as temporary guardians in the UAE for their children.

“Having spoken to friends, most people here don’t know about the importance of temporary guardians and I think a lot of people, ourselves included in the beginning, thought that our will from our home country would be sufficient.”

She adds: “We’re abroad and our families are far away, so if something should happen to both parents what a nightmare it would be if nothing legal were put in place for the kids. We had naively thought that our will from France would be sufficient and the kids would be sent back to Paris to their guardians, and that’s not the case.”

How to choose temporary guardians for your children

Temporary guardians should ideally be living in the UAE and be close friends who your children know well. They do not need to attend meetings with lawyers when the documents are drawn up, yet “it is advisable for the appointed temporary guardians to be involved to ensure they understand their responsibilities,” says Iqba.

They should also be given copies of the will or temporary guardianship documents.

“During the registration process, guardians should be provided information on how to proceed by their legal representative,” says Romano Dolbey, head of wills and inheritance at James Berry & Associates. Parents should also be in frequent contact with temporary and permanent guardians, he says. Dolbey also recommends giving temporary guardians contacts details of the Dubai International Financial Centre and Abu Dhabi Judicial Depart courts, plus those of the permanent guardians and executors.

Marria suggests giving a copy of the guardianship documents to your nanny or housekeeper if you have one, along with the phone numbers of the guardians.

If your temporary guardians leave the country, you will need to update the legal documents through your lawyer.

“I always say the more the merrier when it comes to adding temporary guardians,” says Marria. “One client gave me a list of 10 couples, 20 people in total, but usually people pick three or four couples. When drafting the documents, you don’t need the guardian’s signature, just their passport and Emirates ID.”

Adds de Latour: “Things can always change, but the people we chose are, like us, established in the UAE and here for the long term. I think there’s a lack of knowledge among parents about the need for temporary guardians and also maybe them not wanting to think about the implications of it. But the process is fast, easy and straightforward.”