Guardianship of an Incapacitated Adult in Morocco: 2026 Guide

Guardianship of an incapacitated adult in Morocco is governed primarily by Book IV of the Family Code, adopted by Law No. 70-03 and promulgated by Dahir No. 1-04-22 of 3 February 2004. The Arabic text was published in Official Gazette No. 5184 of 5 February 2004. In practical terms, the Code uses the concepts of capacity, incapacitation and legal representation. The measure does not arise from age, an isolated diagnosis or the wishes of the person’s children.

A clarification of terminology is required from the outset. The word “curatorship” is sometimes searched for online or used by families who have lived in France, but it does not refer to any autonomous regime under the Moudawana. It is merely a convenient term for describing less extensive protection. Before a Moroccan court, a bank or the ANCFCC, the categories of the Family Code must be used, with reference to the precise operative provisions of the judgment.

Article 206 sets the legal age of majority at eighteen full Gregorian years. Article 212 lists the causes of incapacity, while Articles 213 to 216 distinguish totally incapacitated persons from persons whose capacity is limited. Insanity or loss of reason may result in total incapacity. Prodigality and weakness of intellect fall under a partial regime, the effects of which on legal acts are specified by Articles 218 and 219.

Articles 220 to 223 govern the judicial establishment, lifting and publication of incapacitation. The following provisions address legal representation and supervision of the administration of assets. Some unofficial translations use different terms or group the headings differently, which explains conflicting citations in case files. To avoid discrepancies in numbering, the consolidated version on Adala should be checked and, in the event of a discrepancy, reference should be made to the Arabic text published in the Official Gazette.

The application is filed with the registry of the Court of First Instance, Family Justice Division, generally in the place where the person to be protected resides. It must comply with the requirements of Article 32 of the Code of Civil Procedure: the parties’ identities, occupations and addresses, the subject matter of the application, the facts relied upon and the attached documents. It must specifically describe the impairments, their progression, the current risks and the protection sought. A vague statement that merely indicates that the parent is elderly will be insufficient.

After registration, the case file is referred to the Public Prosecutor’s Office and examined by the guardianship judge. The person concerned is summoned and must be given an opportunity to be heard insofar as their condition permits. If the person cannot travel, this inability must be medically documented; the court then decides on the appropriate arrangements. The judge takes statements from relatives, examines the documents and orders the expert assessment provided for by Article 221 when necessary.

If assets are under immediate threat, the lawyer may consider whether a protective measure is appropriate. Caution: Article 148 of the Code of Civil Procedure generally governs ex parte orders; it establishes neither ordinary guardianship proceedings nor an automatic freezing of assets. Its application depends entirely on the president of the court, the urgency, the measure requested and the absence of a serious dispute. An application lacking a proper legal basis may be dismissed without resolving the main dispute.

The judgment establishes the incapacitation and arranges representation according to the adult’s circumstances. The publication provided for by Article 223 is intended to make the decision enforceable against third parties in accordance with the ordered formalities. After the judgment is delivered, an official copy must be obtained, service must be effected and, where required for the relevant transaction, a certificate of no appeal or a copy bearing the enforcement formula must be requested. Banks, notaries and land registrars often require these documents.

The appeal period must not be calculated from the date of the hearing. Article 134 of the Code of Civil Procedure provides for an ordinary time limit of thirty days but reduces it to fifteen days in family matters, running from valid service. The available avenue of appeal stated in the served document and the legal standing of the person wishing to challenge the judgment must be verified with the court registry. A new expert assessment or difficulty with service may extend the proceedings by several months.

The legal representative never becomes the owner of the assets. The representative performs the acts permitted by the judgment and by the rules applicable to their legal capacity, exclusively in the adult’s best interests. Routine management generally includes paying for housing, care, insurance, taxes and ordinary expenses. Every transaction must be traceable. In practice, using the representative’s personal account to receive pension payments or rent creates a major risk of dispute.

Acts of disposal are subject to stricter oversight. Article 271 of the Family Code specifies the authorizations that a testamentary or court-appointed guardian must obtain for several significant transactions, including the disposal of real property, the creation of rights in rem, certain settlements and leases exceeding the scope of ordinary management. This provision must not be applied mechanically without identifying the representative concerned. The powers of a legal representative acting by operation of law and those of a court-appointed guardian are not identical.

In practical terms, before selling real property, the usefulness of the transaction, the property’s value, the proposed price and the intended use of the funds must be presented to the judge. A property valuation, competitive bidding process or judicial sale may be ordered depending on the circumstances. The notary, adouls and ANCFCC will verify the judgment, the enforceability of the decision and the specific authorization. An agreement signed by all the children does not replace any of these powers.

The representative prepares accounts supported by statements, invoices, tax receipts and contracts. Their frequency and format are specified by the judge and by the provisions applicable to the representative’s legal capacity. Even when there is no family dispute, regular accounting protects both the adult and the representative. Difficulties often arise upon death, termination of the measure or the opening of an estate, when several years of cash withdrawals can no longer be explained.

The representative must withdraw from any transaction in which their personal interests conflict with those of the adult. The representative may not grant themselves a loan from the protected funds, indirectly purchase an asset at a low price or accept a division that benefits them. The judge may then appoint a special representative for the act concerned. Mismanagement may result in removal, restitution of funds, damages and, in cases of misappropriation or forgery, criminal prosecution.

A declaration of incapacity is not necessarily permanent. When the person’s faculties are restored or the cause of prodigality disappears, the person, their representative, an interested relative or the Public Prosecutor’s Office may apply for termination. Articles 220 to 223 must be read together: the court reviews the circumstances, relies on medical evidence and ends the measure by judgment. The family cannot restore legal capacity on its own through a declaration or power of attorney.

The application for termination is accompanied by a recent medical certificate, treatment reports and any evidence demonstrating restored autonomy. The judge may order a new expert assessment and hear the person. Following the judgment and its publication, the representative delivers the documents, assets and final accounts. Acts lawfully performed during the period of incapacity remain valid; termination takes effect in accordance with the judgment and does not automatically rewrite the past.

The representative’s death, accepted resignation, incapacity or removal may require prompt replacement. Immediate expenses, banking deadlines and assets at risk must be reported to the judge. A one-off conflict of interest does not necessarily justify ending the entire representation: the court may appoint a special representative for a sale, division or lawsuit. This prevents the usual representative from contracting directly with themselves.

The review of the Moudawana initiated following the Royal Letter of September 26, 2023 involved the Ministry of Justice, the Supreme Council of the Judicial Power and the Presidency of the Public Prosecutor’s Office. Proposals were subsequently examined, including with the Supreme Council of Ulema regarding matters referred to it. This working body must not be presented as a new court or as a law already in force.

No “expected issue number” of the Official Bulletin constitutes a verifiable legal source before publication. For every case handled in 2026, any amending law must be sought on the SGG portal, in the Official Bulletin and on Adala, and its effective date must then be verified. In the absence of a newly published text, Law No. 70-03 remains the governing authority. The principles of the Convention on the Rights of Persons with Disabilities may guide proportionate protection, without creating a curatorship arrangement that does not exist under the Code.