Guardianship and Court Jurisdiction in Iranian and American Law: A Comparative Overview

Introduction Guardianship plays a crucial role in legal systems when an individual is unable to manage their own affairs, either due to minority or incapacity. This blog post provides a comparative look at how guardianship is addressed in Iranian law, especially under the Probate and Personal Status Law, and in the U.S. legal system under state-level guardianship statutes. We will explore court jurisdiction, the process for appointing a guardian, the scope of authority and responsibilities granted, conditions for dismissal, and how guardianship ends.

1. Court Jurisdiction in Iran, the Family Court has jurisdiction over guardianship matters. The competent court is usually the one located in the area of the minor or incapacitated person’s residence, which appoints and supervises guardians.

In the United States, jurisdiction is generally held by Probate or Surrogate Courts, varying by state. These courts handle both the appointment and supervision of guardians, with the laws governed on a state-by-state basis.

2. Appointment of a Guardian in Iran, if no legal guardian exists (such as a father or grandfather), the court appoints a guardian. The process is typically initiated by close relatives or welfare authorities. The court evaluates the prospective guardian’s character, financial reliability, and relationship to the ward.

In the U.S., appointment typically begins with a petition to the court, supported by medical evidence or other proof of incapacity. Priority may be given to family members, but the court's ultimate decision focuses on the best interests of the ward.

3. Powers and Duties Under Iranian law, the guardian manages the ward’s financial and legal affairs but must obtain court approval for major decisions such as selling property or managing large financial transactions.

In the U.S., the scope of authority depends on whether the guardian is appointed over the person, the estate, or both. Guardians must act in the best interest of the ward, file periodic reports with the court, and may need court approval for financial activities.

4. Removal of a Guardian in Iran, the court can remove a guardian for reasons including negligence, dishonesty, or abuse of authority.

In the U.S., guardians can be removed for similar causes, including failure to fulfill reporting duties, financial mismanagement, or at the request of the ward or their family if circumstances warrant a change.

5. Termination of Guardianship in Iran, guardianship ends when the minor reaches legal age, regains mental capacity, or passes away. The court may also terminate guardianship if the original reasons for it no longer apply.

In the U.S., guardianship similarly ends upon the ward's death, restoration of capacity, or a court order that lifts the guardianship.

Conclusion Both Iranian and American legal systems aim to protect individuals unable to manage their own affairs by appointing guardians. While there are procedural and jurisdictional differences, the core principles safeguarding the ward’s rights and interests remain consistent. For Iranians living abroad or those with family members in both jurisdictions, understanding these distinctions is essential for navigating cross-border family law matters.

Written by Amin Alemohammad | 1844IranLaw.com