It happens in the best families: appointing a guardian for a mentally ill person

Eliezer the Lion
May 17, 2015   
What is the difference between a guardian for the body, for the law, and for property? Who supervises the guardians? How is the appointment actually made? • Attorney Ariel Dror on the basic rules for appointing a guardian for a relative who has lost the ability to control his life
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In the event that a person suffers a stroke, or any other acute medical event that deprives him of the ability to make important decisions for managing his life, and he is unable to care for his well-being and needs, including making financial decisions, it is highly advisable to consider appointing a guardian for him.

 When a person is appointed a guardian, he is called a "confidant." The guardian must take care of all the affairs of the person in question, in the matters for which he was appointed, and must report from time to time to the General Guardian about his actions.

 According to the law, there are 3 types of guardianship appointments:

A.       Guardian of the body - This person will make decisions regarding the person's health. For example, decisions about various medical procedures that the person may need. This appointment is required when medical procedures are expected, and when the person who needs them is not in a condition that allows him to make decisions on the matter.

 on.       Guardian of the property -  This guardian manages the property affairs of the ward. For example, managing bank accounts, paying various bills, financing a nursing home, etc. This appointment is required when there is a deterioration in the person's ability to understand, and especially if he has a lot of property and/or needs to finance an institution for him.

 third.        Guardian for the law - This guardian must take care of all of the ward's legal affairs.

For example, he must hire an attorney if a lawsuit is filed against the client, and also ensure that the client's rights are exercised in various legal proceedings, such as National Insurance, the Claims Committee, and the like. This appointment is required when there is a pending or anticipated legal proceeding and when the same attorney is not qualified to conduct it.

 How is the appointment made?

 If a person is indeed incompetent to perform actions in our opinion, and there is medical evidence of this (i.e., it is not a relatively minor injury) - an application must be filed for the appointment of a guardian in the Family Court.

Usually, the person submitting this request is a relative, and must prove that the person for whom the request is being submitted does indeed need a guardian, and that he is the most suitable person to care for him.

 He must also indicate what type of guardian is sought - for property, for the person, for law, or both.

 Supervision of guardians

 It should be noted that in light of the sensitivity of the matter, the appointment of a guardian for property matters is under the supervision of the General Guardian.

For example, a report must be filled out periodically regarding the funds spent.

Likewise, the guardian cannot spend money for his own personal purposes - but only for the benefit of the ward - such as money for hospitalization, treatment, finances, and the like.

In any matter related to the fulfillment of the guardian's duties for which there is no arrangement or provisions in the law, the guardian may apply to the court for instructions regarding the performance of his duties, and it should also be noted that there are actions that cannot be performed at all without the court's approval.


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