Appeal upheld as sister takes over from father as caregiver

The case involves a citizen, represented by Attorney Dr. Fadhil Al-Basman, who filed a lawsuit so she could be appointed as caregiver for her brother with permanent moderate physical disability, instead of her father, who is more than 70 years old and no longer physically capable of fulfilling caregiver duties. The court pointed out that the administrative body’s refusal to respond to or act on the request of the plaintiff, even if she fulfilled the legal requirements and submitted the necessary documents, is a negative administrative decision that contradicts the law, hence, the need to annul it. The court emphasized that the documents proved the disabled person’s need for a caregiver and that the sister met the requirements in terms of shared residence, physical fitness and a clean criminal record, in addition to the consent of the current designated caregiver. It clarified that Rights of Persons with Disabilities Law No. 8/2010, its implementing regulations and related decisions permit changing the designated caregiver through a court order.

This entails transferring the associated benefits, including the right to early retirement, to the new caregiver. Al-Basman said the ruling proves that the administrative bodies are obligated not to obstruct the request of those entitled to care and the necessity of processing them in accordance with the law. He added that the judiciary guaranteed justice for his client, affirming her right to take care of her brother and benefit from the legally stipulated privileges, such as early retirement.