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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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

1. 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.
2. 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.
3. 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.
4. 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:

• WhatsApp: [Link]
• Email: contact@happyseniors.care
• Website: [Link]

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.