Oct 14, 2024
Guardianship is a legal process designed to protect individuals who are unable to manage their own affairs, whether due to age, medical condition, or other circumstances. In Israel, this process is regulated by the Legal Capacity and Guardianship Law, 1962, with the goal of ensuring the welfare of the wards and protecting their rights.
Key Concepts and Terms
- Guardian: An individual or entity appointed by the court to manage the personal, medical, or financial affairs of someone who is unable to do so themselves (the ward). The guardian’s role includes making decisions on behalf of the ward, considering their best interests and wishes as much as possible.
- Ward: A person who has been declared by the court as incapable of managing their affairs, thus requiring the appointment of a guardian.
- Durable Power of Attorney: A legal document that allows a person to appoint someone to act on their behalf in the future, should they become unable to make decisions themselves. This is an alternative to appointing a guardian, allowing the individual to plan ahead for the future.
Why Is Guardianship Necessary?
Guardianship is intended to protect vulnerable individuals, such as:
- Elderly people with dementia
- Individuals with mental or physical disabilities
- Minors without parents
- People with complex medical conditions
Without a guardian, these individuals may be at risk of exploitation, neglect, or violation of their basic rights. A guardian ensures that the ward receives the care, support, and protection they need.
The Appointment Process
Following are the required steps for the process
- Filing a Petition with the Court:
- The process begins by submitting a petition to the Family Court or Magistrate’s Court.
- The petition can be filed by family members, welfare authorities, or anyone concerned with the ward’s welfare.
- A court fee must be paid when filing the petition.
- Attaching Supporting Documents:
- The petition must include up-to-date medical documents (no older than 6 months).
- Professional opinions from a psychiatrist, geriatrician, or neurologist, as applicable.
- A social worker’s report, if relevant.
- Certificates proving the need for the appointment of a guardian.
- Court Hearing:
- The court examines the petition and hears the involved parties.
- Sometimes, the court appoints an investigator to examine the circumstances.
- The proposed ward has the right to express their opinion, if they are capable of doing so.
- Appointment of a Guardian:
- If the court is convinced of the need, it appoints a suitable guardian for the ward.
- The decision takes into account the personal relationship and the ability of the guardian to fulfill the role.
- The court defines the scope of the guardian’s powers.
- Receiving an Appointment Order:
- After the decision, the court issues an official appointment order.
- The guardian must declare before the court their willingness to fulfill the role.
- Registration and Reporting:
- The guardian must register with the General Guardian.
- Periodic reports must be submitted on the ward’s condition and the management of their affairs.
Handling Extreme Cases
- Lonely Individuals:
- In cases where an individual has no family, welfare authorities or the General Guardian can apply to the court.
- Sometimes, a professional guardian or a public body, such as “The Foundation for Care of Wards,” is appointed.
- Hospitalized Individuals:
- The medical staff can initiate the guardianship process through the hospital’s social worker.
- In urgent cases, a temporary appointment can be requested until a full court hearing.
- Individuals in Geriatric/Rehabilitation Institutions:
- The institution can assist in initiating the process for appointing a guardian, in cooperation with the family or authorities.
- A professional opinion from the institution’s care team must be attached.
- Individuals Unable to Make Decisions (e.g., suffering from dementia):
- A detailed medical opinion proving the inability to make decisions is required.
- The extent of impairment in decision-making ability should be assessed, and the scope of guardianship adjusted accordingly.
- Minors without Parents:
- Welfare authorities or family members can request the appointment of a guardian.
- The best interests of the minor should be considered, preferably appointing a family member when possible.
Rights of the Ward
It is important to remember that even after the appointment of a guardian, the ward has rights:
- The right to express their wishes and opinions.
- The right to receive information about their affairs.
- The right to request the court to change or revoke the guardian’s appointment.
Alternatives to Guardianship
- Durable Power of Attorney: Allows a person to appoint someone in advance to handle their affairs in the future, if they become unable to do so themselves. The durable power of attorney takes effect only when the individual loses their decision-making capacity, providing flexibility and control over their future.
- Supported Decision-Making: A model aimed at helping an individual make decisions as independently as possible, with support from a social network or a person who assists them. The support focuses on information and advice without taking away the individual’s final right to decide.
- Advance Directives: A document detailing a person’s wishes regarding future medical treatment in case they cannot express their opinion. These directives can include decisions about types of medical treatments, place of residence, and more.
- Partial or Specific Guardianship: In some cases, it is possible to appoint a guardian for a specific matter only, such as managing property or making medical decisions, rather than for all aspects of life. This solution allows the ward to retain as much autonomy as possible in areas where they are capable of making decisions.
Summary
The guardianship process in Israel is an essential tool for protecting the rights and interests of individuals who cannot care for themselves. Through an orderly legal process, it is possible to ensure that every person receives the support, protection, and care they deserve.
Important to Remember: Appointing a guardian is a significant responsibility that requires utmost consideration for the ward’s best interests. It is recommended to seek professional legal advice and be actively involved in the process.
How We Can Help
Navigating the complex process of appointing a guardian can be challenging for families and the elderly. “Happy Seniors” is here to ease the burden by providing comprehensive support and case management with the help of an experienced social worker, to assist you in obtaining the best funding and care options.
Contact Us:
At “Happy Seniors,” our mission is to support families by managing the process of obtaining government funding for elderly care. We also provide emotional support to families and help them find the most suitable setting for their loved ones. Our goal is to ensure that your loved ones receive the highest quality care in the most appropriate environment, along with the financial assistance they deserve.
Aug 9, 2024
In recent years, elderly care in Israel has become a significant challenge for the society. With increasing life expectancy and a growing elderly population, many families face the difficult question: home care or nursing home? This article aims to provide comprehensive information and assist in making an informed decision.
Current Situation for Elderly Care in Israel:
As of 2023, approximately 12% of Israel’s population is 65 years or older, and this number is expected to grow to 14% by 2030. This reality poses significant challenges to the healthcare and welfare systems.
The Dilemma in Elderly Care in Israel: Home vs. Institution
On one hand, the desire to keep our loved ones in the familiar environment of their home is natural and understandable. On the other hand, the need for 24/7 professional care and the desire to ensure their safety can lead to considering other options.
Challenges of Home Care
- High costs: Hiring a 24/7 caregiver can be very expensive, especially in a market where demand far exceeds supply.
- Caregiver shortage: There is a growing shortage of professional caregivers, especially foreign workers. The quality of caregivers is decreasing while their demands are increasing.
- Caregiver turnover: Often, due to the difficulties in caregiving, caregivers leave and sometimes even flee.
- Family burden: Even with a full-time caregiver, the family still bears a significant burden of managing events between the caregiver and the elderly person.
- Loneliness: Often, the elderly person remains lonely at home without sufficient social interaction.
- Language and cultural barriers: With foreign caregivers, communication and cultural gaps can arise.
Advantages of Modern Nursing Homes
- 24/7 professional care: Medical and nursing staff always available.
- Social activities: Daily enrichment programs and social interactions.
- Adapted infrastructure: Buildings and facilities tailored to the needs of the elderly.
- Peace of mind for the family: Knowing that your loved one is well cared for and safe.
- Additional services: Tailored meals, laundry services, cleaning, and more.
Intermediate Solution: Assisted Living and Early Transition
One of the currently recommended strategies is an early transition to assisted living, at ages 70-75, when the elderly person is still relatively healthy. The advantages include:
- Gradual adaptation: Allows the elderly to adapt to the new environment gradually and move from one framework to another according to physical and cognitive deterioration.
- Informed choice: The elderly can actively participate in choosing the right place for them. The selection process is done thoughtfully and without pressure.
- Long-term planning: Allows for gradual adjustment of care level over the years.
- Creating social connections: Opportunity to form new relationships in a supportive environment.
Nov 10, 2023
An act that was like that was…
Yehuda, an 84-year-old elderly man who has a son and two daughters, drew up a lasting power of attorney about six months ago and according to his detailed instructions, he stated that he wished to continue living in his home, and that he wished to go once a week to eat ice cream at the beach in Nahariya, and he also requested that none of his children be placed in a nursing home .
Yehuda knew that when he was clear and aware of his actions, his instructions as he gave them would be carried out in practice one by one and therefore he asked to appoint his eldest daughter to take care of his affairs when the day came when he became incompetent to make decisions, the continuing power of attorney was entrusted to the general guardian at the Ministry of Justice.
In the last month Yehuda felt severe confusion and an inability to concentrate and had to rest in his bed for many days and his children began a ritual of advice regarding his matter, while different options were brought up by each of his children.
The son Atz ran to him and took one of the most expensive lawyers that could be obtained, in order to submit a request to be appointed as guardian for his father and so that he could make decisions for him, while the younger daughter turned to a neighbor who lives one floor above her and is a lawyer with an independent office, in order to appoint the younger daughter as guardian on her father and you can make decisions on his behalf.
When the lawyers submitted their requests to the court, the secretary of the court typed the father’s identity card into the general guardian’s database and there it was discovered that there is a lasting power of attorney that was entrusted with clear instructions from the father on how to behave with him and that according to his wishes the eldest daughter is the one who is appointed as his guardian.
The other children’s protests didn’t help, the ongoing power of attorney overrides their current requests and the father’s will, as determined six months ago, is fully complied with.
What is a durable power of attorney?
A durable power of attorney is a legal document that allows any adult (over the age of 18) to determine how and by whom his affairs will be handled in the future when he is unable to handle it himself, provided he understands the meaning, goals and results of granting the durable power of attorney.
The person (called the “appointee”) chooses of his own free will at the stage when he understands and is able to make decisions and carry out who will take care of his affairs and how his life will look if and when his condition changes for the worse (deterioration in his condition). Deterioration in his condition can result from an accident, diseases of old age (such as dementia), mental disabilities and intellectual disabilities that may impair a person’s judgment.
The way to do this is by appointing a proxy who will be authorized to act on behalf of that person in the future when he will no longer be able to make or carry out decisions concerning us himself.
The appointer can give a continuing power of attorney for all of his personal (including medical) and property matters or only some of them.
The power of attorney must act according to the instructions of the appointer, he must sign and confirm in writing before a lawyer (or before a professional in medical power of attorney) his agreement to the content of the continuing power of attorney, including the preliminary instructions included therein. In cases where the directive is impossible to carry out, illegal or when its execution will cause serious damage to it – the power of attorney must not act on it. In such a case, he can turn to the court and ask him to give instructions on how to act
A person can decide on the appointment of a single power of attorney as well as on the appointment of a replacement power of attorney in case the first power of attorney is unwilling or unable to act on his behalf. He can also appoint a number of proxies. It is possible and appropriate to determine whether the powers-that-be will act jointly or separately, what is the extent of the powers and responsibilities of each of them, as well as who will decide in the event of a dispute between them.
In order for the continuing power of attorney to take effect, there is no obligation for the person to lose his legal capacity, but it is certainly possible to establish that the continuing power of attorney will also be valid in this situation, and then the power of attorney’s entry into office can be done instead of appointing a guardian in the specific matters defined in the continuing power of attorney.
A person who wishes to set instructions in advance in the event that it is necessary to appoint a guardian for him, can draw up a document giving advance instructions, in which he can, for example, determine in advance who will be his guardian in the future (if necessary), as well as detail future decisions that will be made on his behalf or actions that will be taken on his behalf by the guardian appointed for him.
Below are some examples of instructions that can be given:
*The author of the power of attorney can determine within his personal medical affairs the type/identity of his preferred therapist.
*The author of the power of attorney can determine as part of his personal affairs that his place of residence in the future will be his home, and that the transition to an out-of-home arrangement will be made only under certain circumstances.
*The attorney of power can determine as part of handling his property affairs that the attorney will sell or rent his house under certain circumstances or instruct him to invest his money in a certain way.
Points to note:
From the date of entry into force of a continuing power of attorney, the person’s relatives and the “informed person” are entitled to receive information about the deposit of the power of attorney, the identity of the power of attorney and the “informed person” and the types of matters for which the power of attorney was given – unless the person in the continuing power of attorney limited the their eligibility.
From the date of the deposit of the continuing power of attorney until the date of its entry into force, the general guardian will send the appointing person a reminder, once every 3 years, to make sure that the person does not want to change the power of attorney for any reason.
An important point that must be noted and addressed carefully is that the power of attorney must be drawn up on special forms and signed before a lawyer who has undergone special training, and that he has no personal interest in the power of attorney. If this is not the case, then the power of attorney will not be legally issued.
In order for the continuing power of attorney to take effect, there is no obligation for the person to lose his legal capacity, but it is certainly possible to establish that the continuing power of attorney will also be valid in this situation, and then the power of attorney’s entry into office can be done instead of appointing a guardian in the specific matters defined in the continuing power of attorney.
Preliminary instructions:
A person who wishes to set instructions in advance in the event that it is necessary to appoint a guardian for him, can draw up a document of giving advance instructions, in which he can, for example, determine in advance who will be his guardian in the future (if necessary), as well as detail future decisions that will be made on his behalf or actions that will be taken on his behalf by the guardian appointed for him. For more information, see Provision of preliminary instructions for the appointment of a guardian.
In addition, any person who wants to prepare for the stage where he will have difficulty making decisions himself in the future, even if he has not filed a lasting power of attorney or will not be appointed a guardian, has another option, which is to appoint a person (officially) who will help him make decisions but will not make them for him. For more information, see Decision Support.
To Finish:
The author of the article is a lawyer and a qualified mediator with about 10 years of experience, in the past he was involved in the operation of large systems and the management of many teams of employees, he graduated with two degrees and in addition a degree in law, he owns a law office for family matters, inheritances and wills, he is qualified as the general guardian in the Ministry of Justice for drafting power of attorney Continuing and lecturing on family matters and the rights of the elderly.
Happy Seniors Services:
Happy Seniors offers a wide range of services to help elderly people living at home and their families. The services include assistance in finding suitable nursing caregivers, managing medical monitoring and personal care, and supporting daily challenges. The company also offers technological solutions that allow the elderly to stay connected with their families and enjoy community support, all with the goal of improving their quality of life and allowing them to age in a familiar and comfortable environment. Happy Seniors helps the elderly enjoy maximum support and advanced technology, thereby significantly improving their quality of life.
