Lawyers
Appointment of a Guardian
Guardianship is an institution in which a person or corporation is appointed as the decision-maker for another person, and as someone who "steps into their shoes". The institution is designed to respond to situations where people have been defined by a court as being unable to take care of their own affairs.
The legal starting point in relation to a person, regardless of who he is, is that the freedom is in his hands to make decisions that affect his assets, rights, and relationships. Alongside this premise, there is another premise according to which decisions of this type must be made with clarity and a deep understanding of the meanings arising from them. For cases in which there is doubt as to the degree of understanding as mentioned above, the guardianship institution was created.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
#. 12 of the Convention on the Rights of Persons with Disabilities
2006 Convention on the Rights of Persons with Disabilities
"States that are parties (to the convention) will recognize that people with disabilities have legal status equal to that of others, in all aspects of life"
The guardianship institution in the law
The legal source for the institution of guardianship in Israel is the Legal Competency and Guardianship Law. The law outlines the basic values according to which every person in Israel has rights and obligations for the rest of his life.
For more information, you can contact us – Family lawyer or guardianship lawyer.
What are the principles for appointing a guardian and managing guardianship?
The ruling sets several important tests:
A. The principle of necessity – a guardian should not be appointed for a person unless there is a real need for it in order to preserve his welfare and rights.
B. The principle of the least restrictive means – a measure that limits a person’s rights and freedom should not be taken, when a less restrictive alternative can be reached (for example – decision-making support, lasting power of attorney, advance directives for the appointment of a guardian).
C. The principle of self-determination – a person must be allowed, as long as he is able, to decide on his own regarding his body, his property, and his life.
D. The principle of the best interests of the protected- the duty of the guardian, the court, and any party that decides on the protected’s matters to act in his favor and preserve his rights.
E. The principle of participation – the guardian or any person assisting the protected must give the protected information, share and consult with him regarding his affairs, as far as he is able and as long as he is able to understand the matter, and accordingly give due consideration to his wishes.
F. The principle of preserving the autonomy of the protected and his involvement in social life – the guardian must act as much as possible in a way that will allow the person to maintain his independence and autonomy as well as be involved in social life and preserve his culture and religion.
Guardianship and status of minors
One of the situations discussed by the Legal Qualification and Guardianship Law is the status of minors. This status is temporary and changes from day to day, until a person reaches the age of maturity, i.e. age 18, and then he is no longer considered a minor, for all that this implies in terms of duties and rights.
According to the law, in order for a minor’s legal action to be valid, the consent of his representative, i.e. his legal guardian, is required. From this provision, it can be learned that every minor needs a guardian in order to carry out legal actions, and usually, the reference is to his parents as natural guardians of the minor. You can get more information in this area by consulting with a guardianship attorney.
Parents as Natural Guardians
The law designates the parents of a minor as his natural guardians. This status of a minor’s parents obliges them to take care of the minor’s needs, provide him with an educational framework, train him for work and protect his assets. Along with the duty imposed on the parents, the law imposes the duty on the minor to obey his parents in the areas related to their guardianship in relation to him.
The guardianship institution in the law
The duty of guardianship of parents in relation to their minor children applies to them even in the case of living separately, but they can design a way of dividing the care of the minor and providing the answer to his needs between them. The validity of such a division requires approval from the court. In the event of a lack of consent, the court has the authority to determine an arrangement based on its perception of the best interest of the minor whose case is being discussed before it.
Denial of guardianship of a parent
In some cases, the law recognizes that the assumption that a parent is the natural guardian of their children may actually harm the child’s welfare. This is the case, for example, in cases where a parent is convicted of a serious offense committed against his child or the other parent.
In such cases, the law states that the offending parent will be denied the status of guardian, even from the stage of filing an indictment against him. In such cases, the Youth Law (Care and Supervision) is used, which is designed to protect the safety of minors (those who have not yet turned 18) who are defined by the law as “in need”.
In order to ensure that this procedure is carried out properly, it is recommended to use the services of a family lawyer experienced in this field, or a guardianship lawyer.
alternative guardian to the minor
In cases where the minor is an orphan or his parents are not qualified to perform legal actions, the existence of an alternative guardian is required in order for the minor to be able to perform legal actions. The importance of a guardian for a minor derives, among other things, from the provisions of the law that allow the annulment of legal action taken by a minor without the knowledge of an adult guardian.
As part of this procedure, an objection to the appointment of a guardian can be submitted by those who believe that the designated guardian will not benefit the minor. A procedure of opposition to the appointment of a guardian can also be done by someone who considers himself more suitable to act as a guardian. In such proceedings, it is advisable to consult a guardianship lawyer or a family lawyer.
Guardianship for a Legally invalid person
Along with minors, which is a natural state that comes to an end when the minor reaches adulthood, there are situations where the possibility of making legal decisions independently is not provided for reasons originating from a psychological or mental impairment. For example, the appointment of a guardian will be required for a parent who suffers from dementia. Additionally, there is the need for an appointment of a guardian for a parent who, due to an illness, is unable to communicate with his environment.
In the appropriate cases, an alternative to appointing a guardian for a person with special needs/disabilities should be considered – through a supporter in decision-making or a trust for special needs.
Our office specializes in drawing up a trust for special needs (including as part of a will with a trust for special needs).
Alternative to Guardianship - Ongoing Power of Attorney
Another type of decision-making mechanism for a person whose ability to make informed decisions is impaired is a mechanism of the ongoing power of attorney. A common case that requires the appointment of a guardian, in which the need arises from the incapacity of the subject to make decisions in the abovementioned manner, is among the elderly population. Many times an elderly person changes within a short period of time from a functioning person to a person who is unable to take care of his own affairs.
Unlike situations in which a person is found to be incompetent to make decisions and perform legal actions due to psychological or mental impairment, and in which a guardian is appointed by the court alongside facing the possibility of opposition to the appointment of a guardian – an ongoing power of attorney allows the person to determine ahead of time the identity of the person who will be granted the right to make decisions for him in case of loss of cognitive functions.
How much does it cost to appoint a guardian?
The answer to this is that there is not a set amount/cost.
The appointment of a guardian is a legal procedure that requires an application to the family court in order to receive a judicial decision. The cost of the fee is a derivative of the complexity of the procedure. (Is this the appointment of a single person or a number of people? is opposition to the procedure expected from relatives? Is there an overall agreement among the family members for the appointment of the guardian? Is this a permanent appointment? Temporary? Is it a guardian of the subject, the property, or both?
We invite you to consult with us legally about the process of appointing a guardian in order to receive a price quote for legal support for the appointment of guardian(s) according to your needs.
Accurate and specific legal advice in matters related to guardianship
In Conclusion
The advisable way to obtain a guardianship and durable Power of Attorney is through an experienced family law attorney
Guardianship procedures, such as the appointment of a guardian for a minor, the appointment of a guardian for a parent or relative whose capacity has been impaired, and the objection to the appointment of a guardian, require an understanding of the relevant legal system. In our offices – Mor & Co., a law firm, professional legal service is provided to handle matters related to guardianship. It is strongly recommended that you consult a lawyer specializing in family law in order to make the right decision.
Mor & Co.’s family law department has extensive experience in this area of law. Our firm handles complex family and guardianship cases, as well as litigation in courts on a daily basis
As lawyers with extensive experience in guardianship matters, we serve our clients to the best of our abilities, while maintaining and being attentive to all matters related to the legal process and protecting their privacy.
For legal advice (without obligation) regarding guardianship procedures, please contact us at or by WhatsApp at 050-811-6181.
