Introduction

In Kuwait, individuals who are seriously ill, elderly, or mentally impaired are often dependent on close family members or legal representatives to manage their finances. Unfortunately, this trust is sometimes exploited by those in positions of power, such as children, siblings, or agents holding a power of attorney. Kuwaiti law provides clear mechanisms—both criminal and civil—to address and punish such abuse. This article explains the applicable laws and legal remedies available in these cases.

What Constitutes Financial Abuse?

Financial abuse of a sick person may include:

• Unauthorized withdrawal or transfer of funds
• Sale of real estate or vehicles without valid consent
• Misuse of a power of attorney to redirect assets
• Pressure or manipulation to sign over ownership or bank access

Such acts may occur while the person is hospitalized, unconscious, mentally incapacitated, or near the end of life.

Applicable Legal Provisions

• Article 240 – Kuwaiti Penal Code: Criminal breach of trust if funds were misappropriated under a fiduciary relationship
• Article 249: Misuse of authority granted under a power of attorney or legal agreement
• Civil Code and Personal Status Law: Allow annulment of transactions proven to be made under duress, lack of capacity, or abuse of trust

When Is Consent Legally Invalid?

The court may declare financial transactions invalid if:

• The sick person was medically or mentally unfit at the time
• There is evidence of manipulation, deceit, or coercion
• The agent acted beyond the scope of legal authorization

Medical reports, witness statements, and psychological evaluations play a key role in proving incapacity or undue influence.

Legal Action: Criminal Route

Relatives or interested parties may file a complaint with the Public Prosecution for:

• Breach of trust
• Forgery or fraud if documents were falsified
• Financial exploitation of a vulnerable person

The offender may face imprisonment, fines, and restitution orders if found guilty.

Legal Action: Civil Route

In civil court, plaintiffs may request:

• Annulment of property transfers or contracts
• Restitution of funds or assets
• Appointment of a judicial guardian (وصي) to manage the person’s affairs
• Compensation for damages caused

Key Evidence Required

• Medical documentation proving illness or incapacity
• Power of attorney terms and notarization date
• Bank statements or property transfer records
• Testimonies from doctors, family members, or caregivers