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🛡️ Guardianship & Custodianship

Court Oversight of the Custodian and Scope of Authority in Jordan

Judicial oversight of the custodian: periodic reports, court permission for major dispositions, financial guarantee, and removal upon breach

Based on official Jordanian law — Personal Status Law No. 15 of 2019
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  • Cites Personal Status Law No. 15 of 2019

Answer

Based on official Jordanian legal texts

The Sharia Court under Jordanian law exercises continuous oversight of the trustee to preserve the minor's funds and interest. Article 235 of the Personal Status Law provides that the trustee's actions are subject to the court's oversight and allows appointing a supervisor to monitor his work where needed.

Article 239 obliges the trustee to submit a report at least every six months to the court, according to the nature of the matter he manages. Article 237 requires the court's prior permission for major dispositions such as selling real property, mortgage, lending, and settlement. Article 234 addresses the trustee's duty to manage funds with the diligence of a prudent person, and Article 243 the delivery of funds at the end of his task.

Article 242 also allows the court to remove the trustee if he mismanages, neglects the management, or his remaining becomes a danger to the minor's interest, so judicial oversight accompanies trusteeship from beginning to end.

Assessing the means of oversight and the removal of the trustee remains within the Sharia Court's competence on the facts of each case.

This is a general explanation based on Jordanian Personal Status Law and does not replace advice from a qualified lawyer in a specific dispute.

Frequently Asked Questions

What is the content of the custodian's periodic reports?
Statement of existing funds (cash, real estate, shares), breakdown of income (rents, dividends, heir salaries), breakdown of expenses (education, treatment, food, clothing), new investments, debts settled. Filed annually with supporting documents.
When does the judge dismiss the custodian?
Delay in filing reports, unjustified spending, transactions without permission, custodian's bankruptcy, loss of capacity, or multiple documented complaints from relatives. Dismissal is by judicial ruling, immediately followed by alternate appointment.
Does the custodian bear personal liability?
Yes; he indemnifies losses from his neglect or transgression (e.g., selling real estate below market without permission). He may be sued civilly for damages, and criminally if elements of a crime exist (embezzlement, forgery).

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Need legal help with guardianship & custodianship matters? Learn about a Sharia lawyer in Jordan or book a consultation with Dr. Nadia Asaad.