What is the guardianship process in Israel?

by | Nov 10, 2023 | Caregiving, Laws & Regulations, Wellness & Health

Following on from the article on guardianship, should you be appointed and what are the roles of the guardian over body and property? Below is information on what needs to be done to start the guardianship process.

In order to be appointed as a guardian for a body and/or property in Israel, the following procedures are required:

A conversation to coordinate expectations before the start of the guardianship process-

1.A meeting should be held as early as possible with the person for whom you intend to be appointed guardians. As much as possible, talk to him in a language he understands, and according to his ability to understand. Explain to him what your role as guardians is, try to understand what his needs and desires are, and “coordinate expectations” regarding the period of guardianship. This conversation is very important, even if you are the person’s relatives. During the conversation, you may discover that your loved one has desires and needs that you were not aware of. If you are unable to find out with the person what his needs and desires are, find out what his wishes are as expressed in the past, taking into account his worldview and lifestyle. An application for the appointment of a guardian for a person, as well as an application for a replacement of a guardian, must be submitted to the family court in the jurisdiction where the person who needs the appointment resides (among the Muslim population – The application can also be submitted to the Sharia Court.

Filling out forms for the Family Court –

Attached is a link to the website of the judicial authority, where you can find forms and an explanation for submitting an application for the appointment of a guardian for the body (=personal and medical matters), for property or for a general appointment (for the body and property) as well as, an application for the appointment of a guardian for urgent medical intervention. These forms must be printed, filled out, signed by the family members who agree to the appointment or alternatively, the family members who oppose the appointment must be registered. Information recorded in these forms must be signed by the person who wishes to be appointed as a guardian in front of a lawyer. A lawyer’s signature can be done at any court for only NIS 50-60. You must bring IDs with you for the purpose of verifying the signature. The information recorded in the forms can be of great help to the welfare officer who is later supposed to write a report to the court and submit it with her recommendation as to who can act as guardian for the person who needs a guardian.

Contacting a geriatrician to perform a diagnosis…

A geriatrician or psychogeriatrician should be contacted in order to write a medical certificate – the doctor should provide a geriatric diagnosis, which will determine what the cognitive level of the elderly person is and whether he is incapable of making decisions in terms of his level of judgment. He was also given a mental test by an occupational clinic. If the elderly person lives in institutional housing, a geriatrician should definitely be consulted at the institution where the elderly person lives, as above regarding the occupational clinic. If the elderly lives at home, it is necessary to contact a geriatrician at the health fund or privately. If the elderly is hospitalized, a geriatrician and an occupational clinic at the hospital where the elderly is hospitalized should be contacted, for the purpose of the cognitive diagnosis. When the doctor’s certificate is written, it is necessary to submit it together with the application forms for the appointment of guardians at the family court in your area of ​​residence.

Application to the court to start the guardianship process –

Applying to the Family Court and paying a court fee to open a case. A person interested in being appointed as a guardian must pay a court fee to open a guardianship case, the fee is usually between NIS 400 and 600. In addition, it is necessary to have a lawyer sign the affidavit from the guardianship case opening forms In court. The candidate for guardianship should submit all the required documents to the court and wait for the process to be carried out.

During the process, the welfare official should come to the elderly’s home and interview him, as well as interview the candidate for guardianship of the elderly. In fact, it collects information about the elderly and his environment and submits a review with a recommendation as to who is the most suitable person/organization to act as guardian of the elderly’s body and/or property.

The court’s decision – after all the documents required for the process are submitted to the court, a hearing will be held in court, usually it is behind closed doors and the candidate interested in being appointed as a guardian is not invited to the hearing. About the elderly, for how long and for what matters – body and property, or one of them. There can be up to 2 guardians for one person.

How do you appoint a guardian for an unmarried person (a person without children)?

The process on an unmarried person is carried out according to the following circumstances:

Where to start the guardianship process if the person lives at home?

If the person for whom a guardian is appointed lives in his home in the community, then a person from his immediate environment who wishes to be appointed as his guardian, should start the guardianship process through the social services bureau closest to the area of ​​residence of the adulterous person for whom a guardian is appointed.

Where to start the process if the person is hospitalized?

If the adulterous person is hospitalized in a hospital, contact the hospital’s ward clerk, in order for her to submit a social report to the relief officer from the Bureau of Social Services in the residential area where the adulterant person lives. The report explains about the psychosocial condition of the arbitrator and a recommendation for the appointment of a guardian for him.

Where to start the process if the person is hospitalized in a geriatric/rehabilitation institution?

  1. If the adulterous person is hospitalized in a geriatric/rehabilitation institution, he must contact the social worker who takes care of him in the institution. The social worker who takes care of him must submit a social report to a welfare officer from the Bureau of Social Services in the residential area where the person lives.
  2. In the event that person needs funding from the Ministry of Health/Welfare at the institution. She must submit a copy of the report to the sponsoring office, so that when the petitioning candidate receives the guardianship appointment, his guardian will submit the guardianship order to the sponsoring office, and the sponsoring office will be able to begin financing the petitioner’s stay at the institution.
  3. If there is no person who is interested or able to be appointed as a permanent guardian of the body and/or property for that minor person, the attorney or the relief official, will appoint an association for guardian services, the most prominent of which are: ‘The Foundation for the Care of the Confidential’, ‘Gag Lahusa’ and more. Associations It is their job to take care of all his needs and visit often.

Article: Irit Rabinowitz, attorney with a master’s degree in health and rehabilitation, interested in advice and guidance on appointing a guardian? Contact me – 0547758564.