Lawyers
Appointment of a Guardian in Israel
Guardianship Is a Legal Institution in Which a Person or Entity Is Appointed to Make Decisions on Behalf of Another Person Who Is Unable to Manage Their Own Affairs
The legal starting point is that every person has the freedom to make decisions affecting their assets, rights, and relationships. Alongside this principle, there is a recognition that such decisions must be made with clarity and a thorough understanding of their consequences. For situations where there is doubt about a person’s ability to make informed decisions, the guardianship institution was established.
By Igal Mor, Adv. & Notary
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The Right to Participate in Decisions Affecting One's Own Life
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The Guardianship Institution Under Israeli Law
The legal source for the institution of guardianship in Israel is the Legal Capacity and Guardianship Law. The law establishes the fundamental principles according to which every person in Israel has rights and obligations throughout their life. For more information, contact us to speak with a family law or guardianship attorney.
Principles Governing the Appointment and Management of Guardianship
The law establishes several important principles: (A) The Principle of Necessity — a guardian should only be appointed when there is a genuine need to protect the person’s welfare and rights. (B) The Principle of Least Restrictive Means — measures limiting a person’s rights and freedom should not be imposed when a less restrictive alternative is available, such as supported decision-making, a lasting power of attorney, or advance directives. (C) The Principle of Self-Determination — a person must be allowed, to the greatest extent possible, to make decisions regarding their own body, property, and life. (D) The Principle of Best Interests — the guardian, the court, and any party involved in the protected person’s affairs must act in their favor and protect their rights. (E) The Principle of Participation — the guardian must provide the protected person with relevant information and consult with them on decisions affecting their life.
Guardianship and the Status of Minors
One of the key situations addressed by the Legal Capacity and Guardianship Law is the status of minors. This status is temporary and changes when a person reaches the age of majority — 18 years old — at which point they are no longer considered a minor, with all the rights and obligations this entails. Under the law, a minor’s legal actions require the consent of their legal guardian. In practice, this means that every minor needs a guardian to carry out legal actions, and typically, the minor’s parents serve as their natural guardians. For more information, consult with a guardianship attorney.
Parents as Natural Guardians
The law designates a minor’s parents as their natural guardians. This status obligates the parents to care for the minor’s needs, provide an educational framework, prepare them for future employment, and protect their assets. Alongside this parental duty, the law also requires the minor to follow their parents’ guidance in matters related to guardianship.
Guardianship Under Israeli Law
The duty of guardianship applies to both parents even when they live separately. However, they may agree on how to divide the care of the minor and address their needs. Such an arrangement requires court approval. If the parents cannot reach an agreement, the court has the authority to determine the arrangement based on the best interests of the child.
Removal of Parental Guardianship
In certain cases, the law recognizes that the presumption that a parent is the natural guardian may actually harm the child’s welfare. This applies, for example, when a parent is convicted of a serious offense committed against their child or the other parent. In such cases, the law provides that the offending parent may be stripped of their guardian status, even from the stage of the filing of an indictment. In these situations, the Youth Law (Care and Supervision) applies, which is designed to protect the safety of minors who are defined as being “in need.” It is advisable to retain an experienced family law or guardianship attorney to navigate these proceedings.
Appointing an Alternative Guardian for a Minor
When a minor is an orphan or their parents are unable to perform legal actions, an alternative guardian must be appointed so the minor can carry out legal transactions. The importance of a guardian for a minor stems in part from the legal provision allowing the annulment of legal actions taken by a minor without an adult guardian’s knowledge. An objection to a proposed guardian appointment may be filed by anyone who believes the designated guardian would not serve the minor’s best interests, or by someone who considers themselves more suitable for the role. In such proceedings, it is advisable to consult a guardianship or family law attorney.
Guardianship for a Legally Incapacitated Person
In addition to minors — whose status is temporary and ends upon reaching adulthood — there are situations where a person is unable to make independent legal decisions due to psychological or cognitive impairment. For example, a guardian may need to be appointed for a parent suffering from dementia, or for a family member who, due to illness, is unable to communicate with their surroundings.
In appropriate cases, alternatives to appointing a guardian should be considered, such as supported decision-making or a special needs trust. Our firm specializes in drafting special needs trusts, including as part of a will with a special needs trust provision.
Alternative to Guardianship — Lasting Power of Attorney
Another mechanism for decision-making on behalf of a person with impaired capacity is the lasting power of attorney. A common scenario requiring guardianship arises among the elderly population, where a person may transition quickly from full functioning to being unable to manage their own affairs. Unlike court-appointed guardianship — which applies when a person is found to lack the capacity for informed decision-making — a lasting power of attorney allows individuals to designate in advance the person who will make decisions on their behalf in the event of a loss of cognitive function.
How Much Does It Cost to Appoint a Guardian?
There is no fixed cost for appointing a guardian. The appointment is a legal proceeding that requires an application to the family court. The fee depends on the complexity of the case: Is the appointment for one person or several? Is opposition expected from family members? Is there consensus among relatives? Is the appointment permanent or temporary? Does it cover personal matters, property, or both? We invite you to consult with us to receive a tailored price quote for legal support based on your specific needs.
Expert Legal Advice on Guardianship Matters
The recommended approach to obtaining guardianship or a lasting power of attorney is through an experienced family law attorney. Guardianship proceedings — including the appointment of a guardian for a minor, the appointment of a guardian for an incapacitated relative, and objections to guardian appointments — require a thorough understanding of the relevant legal framework. At Mor & Co. Law Firm, we provide professional legal services for all guardianship-related matters. Our family law department has over 15 years of experience handling complex guardianship and family law cases, including daily litigation in family courts. We are committed to serving our clients with the highest level of professionalism while protecting their interests and the welfare of their loved ones. For legal advice on guardianship matters, contact us at 02-595-3322 or WhatsApp at 050-443-1343.