Israeli Family-Law Forum - Guardianship

Below are readers' questions about 'Guardianship', which we have chosen to answer. Further, and more detailed ,information on Israeli family law issues that relate to evidence is found on our main site at:

http://www.family-laws.co.il/guardianship-children
http://www.family-laws.co.il/guardianship-elderly-people
http://www.family-laws.co.il/guardianship-others
http://www.family-laws.co.il/guardianship-appointment-by-court

Yes, this is possible. You will need to get the foreign guardianship order and other associated orders recognized in the family court in Israel in order to sell the property.  It would be wise to get specific permission and instructions from the foreign court to sell the Israeli property in order to finance your aunt's nursing and other costs. You will need to get the appropriate authorizations overseas so that the court orders will be recogizable in Israel, and you will need to get an authorized translation of them into Hebrew, preferably authorized by an Israeli notary, before you apply to the Israeli family court to recognize and enforce the foreign orders, to sell the property, and appoint local counsel  in Israel to act on your behalf, to handle the sale and registration of the property.

You need to get an emergency order from the family court  appointing you as temporary guardian over your father’s  body so that you can give consent on his behalf and make other decisions regarding his health.

You can certainly apply to do so and you would need documentary evidence to support your application.The Israeli family court has powers to limit or take away a parent's natural rights of guardianship, or to expressly give the custodial parent permission to make certain decisions without the need for prior consulation of the other, or without the other's consent, for example, relating to the renewal of passports, or permission to participate in school trips.

Apply to court to be appointed guardian over her body and her property, simultaneously requesting that her daughter be declared to be a vulnerable person, lacking legal capacity.

Yes ! Even though you will need to get a  guardianship appointment in Israel, too, if such an order has already been granted recently in the U.S., having a foreign order  will certainly speed up the process over here . Your aim would be to get the foreign guardianship order recognized by the family court in Israel, in accordance with the 1958 Recognition of Foreign Judgments' Acts, as part of the Israeli proceedings, and,thereby, shorten the process of appointment under the 1962 Legal Capacity and Guardianship Act. Certainly, all the relevant necessary medical evidence  concerning the need for guardianship would lie abroad, anyway, and would be far easier to gather overseas, before making "Aliyah".

Furthermore, if the assets of the person for whom the guardianship is being obtained are primarily overseas,it will certainly be advantageous to complete the process overseas,as it will make access to funds much simpler.

 

Under Israeli law, separated parents can make an agreement about guardianship and custody of their mutual children,and have it authorised in court. Usually, however, parents agree that although one of them will have custody, and the other shall still retain guardianship rights, in the spirit of the equal role conferred by law, to each of them, as a biological parent, and natural guardian.

Accordingly, the court will be extremely careful before it authorises an agreement whereby one parent accepts the weighty responsibility of being a sole guardian, and the other parent completely relinquishes his natural role and involvement in the upbringing and decision making relating to their minor child. It may well require a report and positive recommendation on the matter, from a welfare officer it appoints, before authorising the agreement. Though a parent's consent to giving up guardianship will help, the court will definitely want to make sure, that both parents, but particularly the one 'backing out', really understand the implications of their consent to sole guardianship, before authorising any agreement removing this from one of them.

Duties of parents as their minor children's natural guardians include looking after their needs by providing shelter, food, clothing, education, studies, preparation for work/occupation, protecting and managing their property, representing them in legal proceedings etc. When making decisions about their children, parents, as their natural guardians, are supposed to put their minors' interests or welfare first.
No, certainly not ! A divorced parent retains rights and duties of a minor's natural guardian deriving from being a biological parent even if he/she is not the custodian. These rights and duties are listed in the 1962 Legal Capacity & Guardianship Act.
Yes, unless a court takes away or reduces his /her rights and obligations. However, once a minor reaches adulthood, at the age of 18, the biological parents cease to become guardians.
Yes, she can include her wishes /instructions to this effect in her will, but as children are not property, the matter will be at the discretion of court. Should she pass away, her sister should apply to be guardian, using the will to support her application, though the child's father will have to be notified, and could well object. The State Attorney's reaction will no doubt be requested, and the court will most likely appoint a welfare worker/professional to make reports/recommendations to help it decide.
Yes, under the 1962 Legal Capacity and Guardianship's Law a court can appoint a legal guardian to protect the rights of an unborn baby . For example ,where the pregnant mother is suspected of planning to leave Israel to give birth and raise the child abroad, the father-to-be can apply for the appointment of a legal guardian for the foetus and an order to prevent the mother carrying him/her from leaving Israel.
No! However frustrating and annoying it is, you, as parents of a young adult with a tendency to fritter away money, are not entitled to be appointed as guardians of her property, now she is an adult , and there is no legal ground available to you from taking way her legal capacity to do whatever she wishes with her inheritance. It would have been wise for her relative to have made a trust fund which kept release of the main fund, and interest, under the control of a trustee/trustees.
Yes, where the risk to her health is life-threatening or extremely serious, as a result of an eating disorder, it is possible for parents to get such an order even if their daughter is over 18.
One or more family members – parents or siblings etc – can apply to the family court to be appointed legal guardian/s over his person and property.
They should apply to the family court to be appointed as guardians of their elderly parent, whose health or emotional state is deteriorating. The General Guardian will be required to respond and the court will decide whether to grant a guardianship order in the light of the evidence.
You should apply to the family court to be appointed legal guardian over her body/health. Your sister and the General Guardian will be respondents/defendants. The court will deal with your application within the guardianship file, and decide on the matter.
You can apply to the family court to be appointed as her legal guardian. You application should be backed with appropriate medical evidence as to her mental state, as far as possible. Your mother will have an opportunity to give her side and the General Guardian will be asked to prepare a report and recommendations to court, which will ultimately decide whether to appoint you as her guardian or not.
You can refuse to give your consent, which is necessary for surgery once you have been appointed guardian over his body. As long as the operation is not urgent, and you have checked out alternatives and are acting in your father's interests, the hospital doctors are not legally entitled to operate , outside of a medical emergency, without your consent.
Yes, a social worker, old age home or the General Guardian can make an application to the family court for the appointment of a guardian who is not a family member. In this situation children and other family members can object and the court will hear both sides, and decide.