Guardianship: general information

What is guardianship

A guardian is the person appointed by a court to manage the affairs of someone who is unable to care for him or herself.  Guardianship can be bestowed on an individual or a corporation.

Who are potential clients?

The Center provides service to individuals who may be unable to make sound decisions or conduct themselves appropriately, provide for their own needs or manage their affairs. These individuals may be adults (who in the short or long term are unable to care for themselves) or minors (whose parents have died or are unable to serve as their natural guardians).  A guardian can also be appointed in cases of unknown identity, when medical procedures are required, and for fetuses. The court appoints a guardian after it has determined that the individual is unable to manage his or her affairs, based on the recommendations of a doctor and the report of a social worker, and on the condition that the individual has not appointed someone else to handle his/her affairs by means of a Continuous Power of Attorney.

Different types of guardianships

A guardian is sometimes appointed to manage specific affairs only, such as property management, personal or medical issues and some guardians handle all aspects (personal and property).  A court can appoint temporary  guardianship or permanent guardianship, according to need.

Resposibilities of a guardian

The guardian is responsible for understanding the individual’s wishes and help manage his or her affairs, based on the type of guardianship determined by the court and the person’s financial situation. The guardian must be dedicated and trustworthy, act in the best interest of the individual and out of respect for their well-being and dignity. A guardian must consider the individual’s wishes and consult with him or her on all personal and property matters, share all relevant medical information so that it is clear and understood. The guardian must act in conjunction with the individual, relevant family members, friends and caretakers.

Procedure for appointing a public guardian

Social service professionals identify vulnerable individuals who are incapable of handling their personal or financial affairs.  When an individual has no relative, or when family members cannot provide appropriate care, the social services request the court to appoint a professional guardian, such as the The Israeli Center for Legal Guardianship.

Costs of Services

The Israeli Center for Legal Guardianship charges a retainer according to law (Rules as to Determining the Remuneration of Guardians -1988). The Ministry of Justice covers this retainer in cases where the Administrator General has determined that the client does not have the means to pay for the service.

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