Elderly Care Agreement (UAE)

An Elderly Care Agreement in the United Arab Emirates is a written document that records the arrangements made by adult children — or other close family members — for the physical care, financial support, and medical decision-making of an elderly parent or other elderly relative. As the UAE's population ages, and as many UAE residents are expatriates far from their extended family support networks, the need for clear written care arrangements has increased significantly.

The Personal Status Federal Decree-Law No. 41 of 2024 establishes the legal framework for nafaqa (maintenance) obligations in the United Arab Emirates. Under Article 77 of the 2024 Decree-Law, adult children who have the financial capacity to do so are legally obligated to financially maintain their parents when the parents cannot support themselves from their own resources. This obligation — sometimes called nafaqat al-aqarib (relatives' maintenance) — covers accommodation, food, clothing, medical treatment, and household expenses appropriate to the parent's standard of living. The obligation is enforceable: a parent who is not being maintained can apply to the Dubai Courts Family Division or the Abu Dhabi Judicial Department for a maintenance order against their adult children.

The UAE Civil Code (Federal Law No. 5 of 1985) governs the contractual aspects of the Elderly Care Agreement: the capacity of the parties, the requirement of free consent under Article 125, and the good faith performance obligation under Article 246. When multiple adult children share the responsibility for a parent's care, the agreement allocates obligations among them in a manner that reflects their respective financial capacities and geographical proximity.

The Elderly Care Agreement serves several practical functions. It prevents disputes among siblings about who contributes what to the parent's care. It documents the authority of the primary carer — typically the child who lives with or near the parent — to make day-to-day medical and financial decisions on the parent's behalf. It coordinates the financial contributions of all adult children in a transparent and accountable way. And it provides the framework within which any related instruments — a General Power of Attorney granted by the elderly person, a Living Will Advance Directive, or a Will — operate in practice.

The Ministry of Health and Prevention (MOHAP) and the Dubai Health Authority (DHA) both operate services for elderly residents, including home care programmes, long-term care facilities, and social support systems. The Elderly Care Agreement works alongside these official services to record the family's internal arrangements and decision-making framework. The forms-legal.com UAE Elderly Care Agreement template provides a complete structure covering accommodation, financial contributions, medical authority, and review arrangements.

An Elderly Care Agreement in the United Arab Emirates is needed in the following circumstances.

An Elderly Care Agreement is needed when an elderly parent's health or cognitive capacity has declined to the point where they require assistance with daily activities — medication management, medical appointments, household management — and the adult children need to document who is responsible for what aspects of the care and how costs will be shared.

An Elderly Care Agreement is needed when adult children live in different emirates or different countries and need to coordinate their contributions to a parent's care from a distance. A written agreement that allocates financial contributions, designates a primary carer, and establishes a communication protocol enables coordinated care even when the children cannot be present simultaneously.

An Elderly Care Agreement is needed when one adult child is providing the majority of the physical care — because they live with or near the parent — and the other children are contributing financially. Without a written agreement, disputes can arise about whether the financial contributions are sufficient, whether the primary carer is acting in the parent's best interests, and whether the financial accounts are transparent.

An Elderly Care Agreement is needed when the adult children are considering placing the elderly parent in a licensed care facility in Dubai or Abu Dhabi, and wish to document the agreed decision-making process, the facility selection criteria, the cost-sharing arrangements, and the visiting schedule.

An Elderly Care Agreement is needed when the elderly person has significant assets — property registered with the Dubai Land Department, bank accounts at UAE banks, or investment portfolios — and the family wishes to record clearly who has authority to manage those assets on the elderly person's behalf, alongside a separately executed General Power of Attorney.

An Elderly Care Agreement is also needed when the elderly parent is an expatriate whose UAE residence visa depends on sponsorship by an adult child, and the family wishes to record the visa sponsorship arrangements and the responsibilities that come with sponsorship.

An Elderly Care Agreement for the United Arab Emirates must include the following elements to be complete and functional as a care coordination document.

Identification of the elderly person records the full legal name, date of birth, Emirates ID or passport number, and a brief description of the current health status or significant medical conditions. This provides essential context for all subsequent provisions and establishes beyond doubt the person to whom the agreement relates. Include the elderly person's current UAE residence visa status — whether they are a UAE national, a resident on an expatriate visa sponsored by an adult child under the General Directorate of Residency and Foreigners Affairs (GDRFA) system, or a visitor.

Primary carer identification records the full legal name, Emirates ID or passport number, and the family relationship of the adult child or family member who will have primary day-to-day responsibility for the elderly person's care. The primary carer should have legal capacity, be geographically accessible to the elderly person, and be willing and practically able to take on the responsibilities documented in the agreement.

Other contributing family members lists any other adult children or relatives who are contributing to the care — either through regular financial payments in AED, transport to medical appointments, regular visits, or remote administrative support — and records the nature, frequency, and amount of each contribution. This ensures transparency and prevents any family member from later claiming they did not understand their agreed obligations.

Accommodation arrangement specifies where the elderly person will live: with the primary carer in the carer's home, in the elderly person's own property with regular visits, or in a licensed care facility licensed by the Ministry of Health and Prevention (MOHAP) or the Dubai Health Authority (DHA). Where the elderly person is living in the primary carer's home, record whether any rent is paid and what contribution the elderly person makes to household expenses.

Monthly financial allowance records the AED amount payable to the elderly person as a personal living allowance, the payment mechanism (bank transfer to their Emirates NBD, First Abu Dhabi Bank, or other UAE bank account, with the IBAN), and the specific date of each monthly payment. This allowance is the family's documented compliance with the nafaqa obligation under the Personal Status Federal Decree-Law No. 41 of 2024.

Medical expenses responsibility allocates the cost of medical treatment at Dubai Health Authority licensed facilities, Department of Health Abu Dhabi licensed facilities, or private hospitals such as Cleveland Clinic Abu Dhabi or Mediclinic among the contributing family members. Record who holds the elderly person's health insurance policy and who pays the premiums, and how unexpected large medical expenses will be shared.

Medical decision-making authority designates the primary carer — or, where a separately executed General Power of Attorney has been granted, the attorney — as the person authorised to make medical decisions, sign treatment consent forms, and receive medical information on the elderly person's behalf at UAE health facilities.

Review period and dispute resolution specifies the frequency of agreement reviews — typically annual or triggered by a significant health change — and how disputes among the contributing family members will be resolved, whether through family mediation before the Ministry of Justice or, if unresolved, through the Dubai Courts or Abu Dhabi Judicial Department family section.

The forms-legal.com UAE Elderly Care Agreement template covers all of these elements.

Completing an Elderly Care Agreement for the United Arab Emirates requires the family to have a candid conversation about the elderly person's needs and each family member's capacity to contribute before the document is drafted.

Step one is to assess the elderly person's current situation. Record their name, age, Emirates ID, and a brief description of their current health status and any significant medical conditions — for example, 'hypertension, managed with prescribed medication; mild cognitive impairment; requires assistance with transport to medical appointments'. This description informs all subsequent provisions.

Step two is to identify the primary carer. Confirm that the primary carer has the practical ability, the geographic proximity, and the willingness to take on the primary care role. Record their full name, relationship (son, daughter, son-in-law), and Emirates ID.

Step three is to record all contributing family members and their contributions. For financial contributions, state the AED monthly amount and the bank transfer details. For non-financial contributions (transport, visits, remote administrative support), describe the nature and frequency.

Step four is to agree and record the accommodation arrangement. If the elderly person will move in with the primary carer, specify the address. If the elderly person will remain in their own home with visits, confirm the visit frequency and who is responsible for each type of visit (medical, social, administrative).

Step five is to record the monthly financial allowance. State the AED amount, the account details, and the payment date. For elderly persons who are UAE expatriates and whose financial resources are limited, the monthly allowance represents the family's compliance with the nafaqa obligation under the Personal Status Federal Decree-Law No. 41 of 2024.

Step six is to address medical decisions. If the elderly person has granted a General Power of Attorney to the primary carer, reference the POA document. Specify what medical decisions require all family members' agreement versus what the primary carer can decide alone.

Step seven is to agree the review period and sign the document. All contributing family members and, where capacity permits, the elderly person should sign. Download from forms-legal.com as PDF or Word.

An Elderly Care Agreement in the United Arab Emirates must satisfy the following legal requirements to be effective.

Nafaqa obligation: the Adult children's obligation to maintain their parents under the Personal Status Federal Decree-Law No. 41 of 2024 is a legal duty, not merely a moral one. An elderly parent who is not being maintained can apply to the Dubai Courts Family Division or the Abu Dhabi Judicial Department for a nafaqa (maintenance) order against their adult children. The court will assess the parent's needs and the adult children's financial capacity and issue a maintenance order that all adult children with sufficient financial capacity must comply with. An Elderly Care Agreement that documents the family's voluntarily agreed maintenance arrangements reduces the likelihood of court proceedings and records the family's compliance with the legal obligation.

Capacity and power of attorney: if the elderly person has lost or is losing mental capacity, any legal arrangements made on their behalf — managing their bank accounts, making medical decisions, entering care facility contracts — must be authorised by either a General Power of Attorney granted while the elderly person had capacity, or a court-appointed guardian order from the competent court. The Elderly Care Agreement is not a substitute for a formal power of attorney or guardianship order. If the elderly person still has capacity, the family should arrange for a General Power of Attorney to be executed before a UAE Notary Public while the person can still give informed consent.

Medical consent: under the UAE health regulatory framework administered by the Ministry of Health and Prevention (MOHAP) and the Dubai Health Authority (DHA), informed consent for medical procedures must be given by the patient if competent, or by the patient's legal guardian or authorised representative if not. A General Power of Attorney or a court guardianship order is the appropriate legal instrument for authorising the primary carer to sign medical consent forms; an Elderly Care Agreement alone is not sufficient for this purpose.

Visa sponsorship: if the elderly person is in the UAE on a residence visa sponsored by an adult child, the sponsor-child has legal obligations to GDRFA regarding the sponsored person's status. The Elderly Care Agreement should be supplemented by appropriate visa management arrangements.

Care facility contracts: if the elderly person is placed in a licensed care facility in Dubai or Abu Dhabi, the facility will require a formal admission agreement signed by the patient or their legal representative. An Elderly Care Agreement recording the family's decision to place the person in the facility is useful background documentation but does not substitute for the facility's own legal contracts.

Elderly Care Agreements in the United Arab Emirates frequently fail to operate effectively because of the following avoidable errors.

The most common mistake is waiting too long to document the arrangements — until the elderly person has lost mental capacity and can no longer sign documents, grant powers of attorney, or express their own preferences. An Elderly Care Agreement and a General Power of Attorney should be executed while the elderly person is cognitively capable of giving informed consent, ideally before any significant cognitive decline begins.

A second mistake is failing to execute a General Power of Attorney alongside the Elderly Care Agreement. The Elderly Care Agreement records the family's internal arrangements; the General Power of Attorney gives the primary carer the legal authority to act on the elderly person's behalf with third parties — UAE banks such as Emirates NBD or First Abu Dhabi Bank, DEWA, the Dubai Health Authority, and the General Directorate of Residency and Foreigners Affairs (GDRFA). Without a General Power of Attorney, the primary carer will be unable to manage the elderly person's affairs with UAE institutions even if all the family members agree they should.

A third mistake is failing to record the financial contributions with precision — stating only that 'the children will share the costs equally' without specifying the AED amount, the payment date, and the bank account details. When one child stops contributing and the other is left bearing the costs alone, the vague arrangement provides no enforcement mechanism.

A fourth mistake is omitting to address what happens when the elderly person's health deteriorates significantly — requiring hospitalisation, residential care, or specialist medical treatment. The agreement should include a review trigger for significant health changes and a decision-making process for major care decisions.

A fifth mistake is excluding the elderly person from the agreement-making process, even when they still have capacity. An agreement made without the elderly person's knowledge or consent can feel like an imposition and create resentment. Wherever possible, the elderly person should be consulted and, where capacity permits, should be a signatory to the agreement.