Guardianship

Discuss guardianship matters with Haim Shamli, Advocate and Notary in Rishon LeZion. Meetings by appointment.

Guardianship in Israel: a guardian for an adult or an elderly parent

The Family Court may appoint a guardian for an adult who cannot, permanently or temporarily, manage some or all of their affairs, if no one authorized is willing to act. The court first checks for a deposited enduring power of attorney and for a less restrictive option, such as a decision-making supporter. The guardian acts only in matters the court names.

When is an enduring power of attorney enough?

An adult who understands its meaning makes it in advance, and it takes effect, after a declaration to the Administrator General, once the person can no longer understand the matter. If one was deposited for the matters in question, no guardian is appointed for them, save for exceptions in section 33A of the Legal Capacity and Guardianship Law(opens in a new tab).

A parent is becoming forgetful. Is a guardian needed?

Kol Zchut(opens in a new tab) notes that forgetfulness or mistakes in managing money do not automatically lead to guardianship. If the person can still make decisions but cannot manage their affairs, a guardian is appointed only in special circumstances and may not decide against their will.

Guardian of the person, property or medical matters: what does it cover?

The decision names medical, personal or property matters, or a particular matter; the court limits them as far as possible and considers a shorter period. Real estate transactions and some other acts still need prior approval.

Which court, and which documents?

A spouse, a relative or the Attorney General may apply to the Family Court where the person lives. The Judicial Authority(opens in a new tab) lists a form and affidavit, a signed medical summary, and the positions of first-degree relatives and the person. Per Kol Zchut, without a social worker's opinion the court asks the welfare ministry for a report. The court hears the person if they can understand the matter.

What if the situation is urgent?

The court may appoint a temporary guardian at any time. Urgent medical intervention has a separate application(opens in a new tab), supported by a physician's certificate on the treatment, risks and urgency.

What does a guardian do afterwards?

The guardian files an inventory of assets and debts with the Administrator General and reports as the Law and Administrator General procedures require. Duties to involve the person in decisions and restrict their rights as little as possible came with Amendment No. 18 of 2016(opens in a new tab).

Official sources (in Hebrew): Judicial Authority: adult guardianship(opens in a new tab), Judicial Authority: urgent medical intervention(opens in a new tab), Legal Capacity and Guardianship Law(opens in a new tab), Amendment No. 18(opens in a new tab)

Understand the situation and the help needed

If your family has a question about guardianship, you can arrange a conversation about the situation and the legal assistance needed. Haim will ask about any existing documents or decisions and what you want to resolve, to identify the matters that need examination.

Guardianship is among Haim Shamli's main areas of work. He works in Hebrew, Russian, English and Georgian. Choose an initial call time on the website or contact him by phone or WhatsApp.

Related services

• Enduring power of attorney
• Wills and inheritance