BAHAMAS Law and Practice Contributed by: Sean Moree KC, Vanessa Smith and Erin Hill, McKinney, Bancroft & Hughes
which protects the trustee from having to inquire into the running of the business.
In court proceedings, a court order to appoint a per - son as guardian ad litem is only required in the follow - ing circumstances: • in ongoing proceedings when the guardian ad litem is to be substituted with another person; • in ongoing proceedings when a party to the pro - ceedings becomes a patient; or • where a person under a disability is served with proceedings and no appearance is entered for that person. While there is no ongoing supervision of the guardian - ship by the court, certain matters (ie, the settlement of claims by the guardian) must be approved by the court. 8.3 Elder Law There are useful tools in The Bahamas for individuals and families to prepare financially for longer lives. An often-used example is an enduring power of attorney, which enables an individual to appoint a person or persons to act on their behalf even after they are no longer mentally competent. The Bahamas also commonly houses certain trust structures that allow individuals to ensure that their finances are secured and handled in accordance with their wishes. 9. Planning for Non-Traditional Families 9.1 Children The enactment of the Status of Children Act has abol - ished the differentiation of children who are born with - in a marriage and those born out of wedlock in The Bahamas. The Inheritance Act also confers the same status and entitlements on children born out of wed - lock as on those born within a marriage in relation to succession and entitlement under a will. The Adoption of Children Act provides for the adoption of children and the approval process mandated by the Bahamian government. There are no laws regulating surrogate children in The Bahamas. A trust deed or a foundation charter can be drafted to specifically include (or not include) surrogate, adopted or illegitimate children.
7. Citizenship and Residency 7.1 Requirements for Domicile, Residency and Citizenship The Bahamas does not have a programme for “citi - zenship by investment”. However, non-Bahamians may reside in The Bahamas and own real property once the necessary permits are acquired. Permits to reside in The Bahamas permanently are generally obtained through the acquisition of real property. A Certificate of Permanent Residency does not typically confer the right to work in The Bahamas but may per - mit the holder to work in their own business. A perma - nent resident may make an application for Bahamian citizenship after a certain number of years. 7.2 Expeditious Citizenship While there are no means for an individual to obtain expedited citizenship in The Bahamas, applications for permanent residency for individuals who purchase homes of a certain value in The Bahamas are given expedited consideration. A permanent resident is gen - erally able to apply for citizenship after living in The Bahamas for more than ten years. 8. Planning for Minors, Adults with Disabilities and Elders 8.1 Special Planning Mechanisms It is possible to appoint a disabled person or a minor as a beneficiary of a trust. However, the settlor will be required to name a guardian to receive the distribu - Section 20A of the Child Protection Act (as amended) empowers the court to appoint a person as a guardian of a child, in addition to any other person or as sole guardian, either upon an application by any person or upon its own initiative, on making an order removing a testamentary or any guardian appointed or acting by virtue of the Child Protection Act. tions on behalf of such a person. 8.2 Appointment of a Guardian
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