Guardianship Attorney in Ramat Gan

What is Guardianship and How Can a Lawyer Help

Guardianship is a legal procedure in which the court appoints a person (guardian) to manage the personal and financial affairs of another person, typically when the latter cannot independently manage their own matters. This procedure may be required in various situations: minors whose parents have passed away or are unable to care for them, adults suffering from partial or complete incapacity (due to illness, injury from an accident, or any other reason), and cases of property owners injured in traffic or work accidents who require orderly legal management of their finances.

Mandelbaum, Gor, Witzman-Gor and Partners provides professional legal advice in the field of guardianship, from submitting an application for appointment of a guardian through the court, through case management and annual reporting to the judicial authorities. With over 18 years of experience in family law and civil-commercial law, the firm is dedicated to protecting the rights and advancing the interests of the guardianship subject.

When is Appointment of a Guardian Required

Appointment of a guardian is an important legal step required in certain scenarios. In cases of minors whose parents have passed away or are unable to care for them, the court appoints a guardian to care for them until age 18. In cases of adults, appointment of a guardian may be required when a person suffers from legal incapacity, whether due to mental illness, dementia, injury from a traffic or work accident, or any other condition that prevents the person from managing their own affairs. In these cases, the court considers the evidence and decides whether appointment of a guardian is in the best interest of the person in question.

The Process of Appointing a Guardian

The process of appointing a guardian begins with filing an application with the district court (or the local court in certain circumstances). The application includes details about the person for whom a guardian needs to be appointed, the reason for the need (medical documentation, evidence of incapacity), and details about the prospective guardian. The court typically conducts a social or medical investigation to assess the need for the procedure. Following this, a court hearing is held where the parties present their arguments. If the court agrees that appointment of a guardian is in the best interest of the person, it issues an appointment order. Subsequently, the guardian must provide annual reports to the court on the management of the finances and personal affairs of the guardianship subject.

• Filing an Application: Preparing documents, gathering evidence, submitting to the court
• Legal Review: The court examines the application and may order a social investigation or medical assessment
• Court Hearing: Presentation of arguments, hearing of testimonies, submission of documents
• Appointment Order: Court decision and official appointment of the guardian
• Case Management: Annual reports, financial management, handling of personal affairs

Types of Guardianship and the Differences Between Them

There are several types of guardianship, each suited to different circumstances and varying degrees of incapacity. Understanding the differences between these types is important in determining which type of guardianship is appropriate for the specific case.

Full Guardianship

Full guardianship (also called general guardianship) is granted when a person is unable to manage their affairs at all. The guardian has full authority over all decisions - personal, medical, and financial. This is the most comprehensive type of guardianship and is typically granted in cases of minors or adults with significant incapacity.

Partial Guardianship

Partial guardianship is granted when a person can manage part of their affairs but not all. In this case, the court precisely defines which matters the guardian is responsible for and which matters the person can manage themselves. For example, a guardian may be responsible for managing finances but not medical decisions, or vice versa. This type of guardianship is suitable for individuals who have partial capacity to manage their affairs.

Temporary Guardianship

Temporary guardianship is granted in urgent circumstances when there is an immediate need to protect a person or their assets, but the need for a full proceeding has not yet been established. This is a temporary form of guardianship that allows the court to protect the person while examining the need for a full proceeding.

Guardianship of Minors

When a minor has lost their parents or their parents are unable to care for them, the court appoints a guardian to care for the minor. This guardian is responsible for all decisions concerning the minor - education, health, finances, and the like. Guardianship of minors terminates when the minor reaches the age of 18.

Rights of Wards in Guardianship and Duties of Guardians

Israel's Guardianship Law protects the rights of wards in guardianship while simultaneously imposing significant duties on guardians. Understanding these rights and obligations is essential for managing a guardianship case with independence and integrity.

Rights of Wards in Guardianship

Wards in guardianship have important rights that must be respected. These rights include the right to live with dignity, to receive humanitarian care, and not to be exploited or discriminated against. The ward in guardianship has the right to be informed about decisions made concerning them (according to their age and ability), and to object to decisions with which they disagree. Additionally, the ward in guardianship has the right to maintain their privacy and personal life, and the right to receive appropriate medical treatment. Furthermore, the ward in guardianship has the right to file a complaint against the guardian if they believe the guardian is not treating them properly.

Duties of the Guardian

A guardian has significant duties toward the ward in guardianship. The guardian must act for the benefit of the ward in guardianship and not for their own benefit. This means that the guardian cannot use the ward's funds for their own benefit, and cannot make decisions that contradict the ward's best interests. The guardian must manage the ward's funds carefully and legally, and maintain accurate records of all income and expenses. Additionally, the guardian must submit an annual report to the court regarding the management of the ward's funds and personal affairs. The guardian must also maintain regular contact with the ward in guardianship and ensure all their needs are met—medical, educational, personal, and financial.

Costs and Fees in Guardianship Proceedings

The costs of guardianship proceedings can vary depending on the type of proceeding, the complexity of the case, and the number of court hearings. Generally, expenses include legal costs (attorney fees), court fees, costs of social investigation or medical evaluation, and other expenses related to the proceedings. The court may order that these costs be paid from the ward's funds or by the petitioner (depending on the circumstances). Mandelbum, Gor, Weitzman-Gor and Partners offers a free initial consultation meeting, during which you can discuss with an attorney the expected costs in your specific proceeding.

Certain Cases in Which We Assist

Mandelboim, Gor, Witzman-Gor and Partners assists in numerous and diverse guardianship cases. Below are several examples of cases in which the firm has provided legal advice and representation:

Motor Vehicle Accident Victims and Orphaned Minors

When a minor is injured in a motor vehicle accident and receives substantial compensation, or when his or her parents died in an accident, there is a need for appointment of a guardian to manage the minor's compensation funds and personal affairs until reaching the age of majority. The firm assists in this process, handling the filing of the petition, court representation, and case management thereafter.

Work Accident Victims with Incapacity

When an employee is injured in a workplace accident and sustains an injury that affects his or her ability to manage personal affairs (for example, head or spinal cord injury), there is a need to appoint a guardian to manage the compensation funds and personal matters. The firm assists in this process and handles all aspects of the procedure.

Adults with Chronic Illnesses or Dementia

When an adult suffers from dementia or another chronic illness that prevents him or her from managing personal affairs independently, there is a need to appoint a guardian. The firm assists the family in this process, handling the filing of the petition, gathering the necessary medical evidence, and court representation.

Minors Whose Parent or Parents Cannot Care for Them

When a parent is unable to care for his or her minor child (for example, due to mental illness, addiction, or other reason), the court may appoint a guardian in his or her place. The firm assists in this process and advocates on behalf of the minor's best interests.