Family Lawyers
Legal Guardian Appointment for Minors in Israel
Children's Rights and Parental Guardianship
Under the Legal Capacity and Guardianship Law of 1962, a child’s parents serve as the natural guardians for as long as the child remains a minor. In certain circumstances, however, the court may exercise its authority to appoint a legal guardian — a decision that can carry significant legal and practical consequences for the child and the family.
By Igal Mor, Adv. & Notary
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“States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child.”
Why Does a Court Appoint a Legal Guardian?
A legal guardian is appointed to protect the minor’s best interests in legal proceedings and daily life. While parents ordinarily serve as their children’s guardians, the court may appoint a different guardian in several circumstances:
A guardian may be appointed when the existing guardian is unable to fulfill their duties or fails to protect the child’s best interests — including cases of neglect, abuse, or harm. Guardianship may also be necessary when parents are absent (such as in cases of orphanhood), when parents have become incapacitated, or when they have been convicted of violent or sexual offenses within the family. In addition, in cases involving same-sex parents, the court may appoint one parent as the legal guardian. The court may also intervene when children are at risk of harm from high-conflict divorce proceedings.
These examples illustrate the overarching purpose of guardian appointments: ensuring the welfare of minors. Accordingly, the process of appointing a guardian involves a thorough evaluation of the child’s best interests by qualified professionals, including social workers and other experts.
The court’s ruling in Family Case 12-18-1540 confirmed that expert assessments carry considerable weight in guardianship proceedings, reflecting the importance of professional evaluation in determining the child’s best interests.
What Is the Role of a Legal Guardian for a Minor?
A child’s guardian bears overall responsibility for the minor’s well-being. Guardians are typically family members — courts generally give priority to relatives of varying degrees of kinship. However, when no suitable family member is available, the court may appoint a professional external guardian. Even corporations may serve as guardians; approximately ten organizations have been recognized for this purpose in Israel.
Regardless of the circumstances, a guardian must fulfill the day-to-day parental responsibilities and ensure that the minor’s basic physical needs — including food, shelter, and clothing — are met. The guardian is also responsible for ensuring the child’s enrollment in appropriate educational settings as required by the Compulsory Education Law, and for making informed decisions regarding the minor’s medical care.
When a legal guardian is appointed by the court, the role is focused specifically on advocating for the minor’s best interests in the matter at hand. For example, in high-conflict divorce cases, the guardian may consult with the minor about custody and visitation arrangements. If the minor has inherited assets, the guardian must advocate objectively to protect those interests. And if a child requires a medical procedure, the guardian must make an informed decision about whether to approve the treatment — free from external pressures or influences that do not serve the child’s welfare.
The Supreme Court held in Case RA 5587/97 that even though parents are a minor’s natural guardians, their status carries both duties and rights in caring for the child’s needs, including medical care. This ruling underscores the legal expectation that guardians — whether parents or court-appointed — must prioritize the child’s welfare in every decision.
In some cases, parents have been denied guardianship to ensure the child’s welfare and to guarantee that the minor receives the same level of care that devoted parents would provide. As this ruling demonstrates, removing guardianship from a parent is not a decision the court takes lightly — requiring parents to meet their caregiving obligations is a fundamental expectation under the law.
What Is the Legal Basis for Appointing a Guardian?
The appointment of a legal guardian is governed by Section 68 of the Legal Capacity and Guardianship Law of 1962. Under this provision, the court may — as part of proceedings involving the Attorney General — take temporary or permanent measures to protect a minor’s affairs, whether legal or personal, by appointing a temporary or permanent guardian.
Section 68(a) of the Legal Capacity and Guardianship Law, 1962: “The court may, at any time, at the request of the Attorney General or their representative, or at the request of an interested party, or on its own initiative, take such temporary or permanent measures as it deems necessary to safeguard the affairs of a minor and the person appointed as guardian, whether by appointing a temporary or permanent guardian, or by other means; and the court may do likewise if the minor or the person appointed as guardian approaches the court directly.”
Notably, the law permits the minor to initiate proceedings independently. Under Section 3(d) of the Family Court Law, 1995, a welfare officer — with the approval of the Attorney General — may file a family law claim on the minor’s behalf. The minor may also file a claim independently if they are being harmed and no adult is acting on their behalf.
Protecting a Minor's Best Interests Through Legal Guardianship
Appointing a legal guardian is an important legal procedure that may be initiated by the minor, family members, or other concerned individuals. A guardian appointment is warranted when the minor’s welfare is not being adequately protected by those legally responsible. Given the complexity of these proceedings, it is strongly recommended that the process be handled by experienced legal professionals.
The field of guardianship law is broad, and every case is unique. It is essential to always consider the welfare of the person for whom the guardian is being appointed, while remaining aware that Israeli law offers a range of legal tools — some less restrictive than full guardianship — that may better suit the individual’s circumstances. If you have questions about guardianship matters, we invite you to consult with our team.
Mor & Co. Law Firm has over 15 years of experience handling family law and guardianship cases. In guardianship matters — which are legally complex and emotionally sensitive — the best interests of the person for whom a guardian is appointed are always our top priority. Contact us with your family law and guardianship questions at 02-595-3322 or by WhatsApp at 050-811-6181.
