Govt issues decree to restructure, empower the Public Authority for Minors’ Affairs

A new decree-law issued by the Council of Ministers introduces major amendments to Law No. 67 of 1983 concerning the establishment of the Public Authority for Minors’ Affairs, marking one of the most significant updates to the Authority’s structure and powers in decades.

The amendments aim to enhance governance, financial management, and protection of minors’ rights under the Authority’s care, while improving coordination with other state entities.

The revised structure places the Minister of Justice as Chairman of the Authority’s Board of Directors, with the Director General serving as Vice Chairman. The board will also include three part-time members representing the General Investment Authority, the General Secretariat of Endowments, and the Ministry of Commerce and Industry.

These members, drawn from senior leadership positions, will be nominated by their respective institutions and officially appointed by the Council of Ministers for a renewable four-year term.

Under the new law, the board is required to convene upon the call of its Chairman or Deputy Chairman, and its meetings will only be valid if at least three members are present, including the Chairman or Deputy. Decisions will be made by majority vote, with the Chairman holding the casting vote in the event of a tie.

The board will also have the authority to consult experts and specialists on matters requiring technical input, although such individuals will not have voting rights. Additionally, the board may form committees comprising members and non-members to handle specific matters within its jurisdiction.

The decree grants the Authority broader powers in managing and investing funds. It can, with board approval, sell or lease real estate, dispose of movable property, accept donations, and engage in commercial, industrial, or agricultural activities. The Authority can also liquidate or invest funds directly or through other entities. This expansion of powers is intended to ensure better financial returns and sustainable growth of minors’ assets under state supervision.

The amendments also strengthen the legal and procedural framework for protecting minors’ rights. Adult heirs and property partners are now required to notify the Authority within two weeks of any relevant deaths, such as those involving a guardian or trustee. All individuals and entities must also provide the Authority with any documents or information it requests to carry out its duties.

Furthermore, the Authority is mandated to immediately prepare a full inventory of the assets, rights, and obligations of those under its care upon assuming responsibility for their estates.

Judicial provisions have also been refined to prevent conflicts of interest. If a legal guardian or trustee’s interest conflicts with that of the minor or person under guardianship, the court has the right to appoint a separate guardian for litigation to represent the affected party. This ensures impartiality and the fair representation of all concerned individuals in legal proceedings.

The law specifies the conditions under which the Authority’s guardianship ends, including when a minor reaches the age of 21 unless extended by court order, when a missing person returns or is identified, or when the court deems termination of guardianship to be in the individual’s best interest.

Upon termination, the Authority must hand over the concerned funds within six months of notification. If recipients fail to claim their funds within three months, the Authority may continue managing and investing them, with an allowable share of up to 20 percent of net investment returns.

To ensure sound financial governance, the decree establishes a permanent investment committee comprising representatives from the Kuwait Investment Authority. This committee will be responsible for developing investment strategies and monitoring their implementation for all funds managed by the Authority.

The Minister of Justice, in coordination with the KIA, will issue a decision outlining the committee’s operational framework, including its mechanisms and procedures for exercising its powers.

Overall, these comprehensive amendments aim to modernize the Public Authority for Minors’ Affairs, strengthen transparency and accountability, and ensure that the assets and rights of minors and other beneficiaries are managed with the highest standards of care and efficiency.

Follow The Times Kuwait on
X, Instagram and Facebook for the latest news updates