Article 14 of the Saudi Elderly Rights and Care Law
المادة 14 من نظام حقوق كبير السن ورعايته
The article gives the Ministry guardianship over the person of an elderly person who lacks or has diminished capacity if a court establishes they have no guardian or that the guardian neglected their rights, and gives property guardianship to the guardianship authority.
Official text (Arabic)
This article has not been amended since the law was issued.
1- للوزارة حق الولاية على النفس لفاقد الأهلية أو ناقصها من كبار السن ممّن ثبت قضاء أنه ليس له ولي، أو أن له وليًّا تخلى أو تقاعس عن المطالبة بحقوقه. وتحدد اللائحة الأحكام الخاصة بذلك.
2- للهيئة العامة للولاية على أموال القاصرين ومن في حكمهم؛ الولاية على مال فاقد الأهلية أو ناقصها من كبار السن، وذلك بعد ثبوت ولاية الوزارة عليه بحكم قضائي.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 14 explained in plain English
This article deals with the case of an elderly person who has lost or has diminished capacity, and is no longer able to manage their affairs, and there is no one to act for their rights. The article distinguishes two kinds of guardianship:
- Guardianship over the person: it belongs to the Ministry, which is the Ministry of Human Resources and Social Development, provided that a court establishes one of two things: that they have no guardian, or that they have a guardian who abandoned or neglected to claim their rights. The Regulations set the specific provisions on this.
- Guardianship over property: it belongs to the General Authority for the Guardianship of Minors' Property and Those in Their Position, and this is after the Ministry's guardianship over them has been established by a court judgment.
The order is clear: the Authority's guardianship over property does not arise until the Ministry's guardianship has been established by a court judgment. Guardianship does not pass to the Ministry merely because of old age; the person must lack or have diminished capacity, and the absence, abandonment or neglect of the guardian must be established by a court.
The article does not explain how loss of capacity is established or the procedures for the claim, and leaves the provisions on guardianship over the person to the Regulations. It is preceded by Article 13 on the discount on public services for the needy elderly person, and followed by Article 15, which prohibits the caregiver from dealing with the elderly person's property without their consent. Anyone with a relative in this situation should consult a lawyer specializing in personal status cases and the rights of the elderly.
Practical example
An 82-year-old man in Taif fell ill and lost his capacity, and his son, who lives far away, neglected to claim his rights. If this is established by a court, the Ministry has guardianship over his person, and once its guardianship has been established by a court judgment, the General Authority for the Guardianship of Minors' Property and Those in Their Position takes guardianship over his property.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentFamily & Personal Status Law lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Family & Personal Status Law lawyers
Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Dr. Ali Al-Masradi Law Firm
Frequently asked questions about Article 14 of the Saudi Elderly Rights and Care Law
Who takes charge of an elderly person who lacks capacity and has no guardian?
The Ministry has guardianship over their person if it is established by a court that they have no guardian, or that their guardian abandoned or neglected to claim their rights.
Who manages the property of an elderly person who lacks capacity in this case?
The General Authority for the Guardianship of Minors' Property and Those in Their Position takes guardianship over their property, after the Ministry's guardianship over them has been established by a court judgment.
Does guardianship pass to the Ministry without a court judgment?
The text requires it to be established by a court that they have no guardian or that their guardian abandoned or neglected, and the Authority's guardianship over property requires the Ministry's guardianship to be established by a court judgment.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.