A mother living in the UAE is taking the unusual step of seeking to include a clause in her will requiring her child’s guardians to consult ChatGPT when making major decisions about the child’s upbringing and future if she dies.

The proposal, which is expected to be submitted for registration in Abu Dhabi, forms part of a child guardianship will being drafted by Expatriate Law. The will is set to include a mechanism called the “Living Wishes Protocol”.

Under the proposal, artificial intelligence would not take control of the child’s life. Instead, the child’s legal guardians would be required to use ChatGPT as one source of guidance when making major decisions.

To implement the plan, the AI system would be provided with a detailed set of the mother’s values, beliefs, principles and wishes, enabling it to offer future guidance consistent with her views.

Byron James, a partner at Expatriate Law, confirmed details of the proposal to Arabian Business but stressed that the will remains in draft form and has not yet been registered with or approved by the Abu Dhabi courts.

He said: “The aim is that, if the mother dies, her child’s guardians would consult ChatGPT when making major decisions about the child’s upbringing, using the recorded information about the mother’s values, beliefs and wishes.”

According to James, the proposal would also include annual reviews, independent human oversight and greater consideration of the child’s own wishes and views as they grow older.

AI’s role in decisions about the child’s future

Under the proposed draft, the guardians would be required to maintain written records of the questions asked, ChatGPT’s responses and their final decisions. If they make a decision that differs from the AI’s recommendation, they would also have to explain their reasons.

However, ChatGPT would have no legal decision-making authority and would not be permitted to present itself as the mother or assume her role.

The aim is instead for AI to help the guardians better interpret the mother’s recorded values and wishes in circumstances she could not have anticipated.

How this will differs from traditional wills

In traditional wills, parents can record their wishes concerning education, religion, medical care and other aspects of their child’s upbringing, in addition to setting out how their property and assets should be handled. However, these instructions are based on circumstances at the time the will is drafted and usually remain unchanged.

James said: “Traditional letters of wishes are static and reflect only the information and expectations parents have at the time they are written.”

He added: “What we are examining is whether AI can keep this guidance relevant to decisions made five, 10 or even 15 years after a parent’s death.”

Such guidance could cover issues including an unexpected educational path, changes in family circumstances or challenges arising from technologies that do not yet exist.

Legal and ethical concerns surrounding the proposal

Despite the idea’s potential, experts are also considering the legal and ethical challenges it presents.

AI systems may produce inaccurate or biased responses, while their performance can also change as their models are updated.

There is also an important distinction between preserving a parent’s values and imposing those values on a child whose personality, beliefs and views will develop over time.

James said: “The central question is whether technology can help preserve parental values without restricting the child’s freedom to develop their own identity and independent views.”

He believes the concept could eventually extend beyond wills and be used in areas such as family mediation, co-parenting and the preservation of personal legacies.

For now, however, the plan remains an untested proposal and has not been recognised as an established legal practice or precedent in the UAE.

James concluded: “We would never suggest that AI should replace human judgment. In fact, that is precisely what makes the legal and ethical debate surrounding this proposal so compelling and important.”