Appointment of a guardian or decision supporter

Sometimes, a person is in a situation where they cannot care for themselves, not due to a temporary medical reason, but due to cognitive incompetence or an ongoing medical condition. In such situations, a guardianship or appointment of a decision support person can ensure that someone can take care of their affairs, even when the patient is unable to make rational decisions for themselves.

For example, Rina from Jerusalem sought legal advice from Yad Sara, requesting to be appointed as guardian for her sick sister, so that she could make decisions for her when necessary. During the consultation, it turned out that there was another qualified nurse, who did not agree to Rina being appointed as guardian. With the help of the lawyers from the Yad Sara legal advice department, the two sisters filed a joint application with the court and were able to divide the powers between them in the best possible way for the sick sister. So that every decision for the sister was made quickly and responsibly out of sincere concern for the patient's well-being.

In other cases, when a person did not sign a durable power of attorney while competent, and eventually loses the ability to make decisions, the state allows the appointment of a guardian. This process involves submitting a formal request to the family court for a guardianship order. The order allows the guardian to take care of the ward's affairs in three main areas: property, medical care, and personal care. The request includes forms that define the patient's condition, reasons for submitting the request, and a diagnosis by a medical expert confirming the ward's incompetence. In addition, the court appoints a special social worker, who submits a report that combines all medical, personal, and family information, allowing the judge to make an informed decision.

Several guardians may be appointed to act together, or in cases where there is no suitable person, the state appoints a special corporation approved by the Office of the Guardian General.

In another case handled by the Legal Advice Department, a couple came to draw up a durable power of attorney document, but it turned out that the husband was cognitively incompetent. With the help of a lawyer, they realized that the appropriate option was a petition for guardianship. And the petition submitted to the court was accepted, and the wife and son were appointed as guardians for the sick father.

In cases where a person is legally competent but has difficulty making decisions for various reasons (e.g., inability to gather information), a "decision supporter" can be appointed. The decision supporter assists in obtaining the necessary information, provides guidance and support, but ultimately the person himself makes the decision. Here too, the lawyers of the Legal Advice Department at Yad Sara assist in choosing the right procedure and submitting the application to the court accurately.

A person can also prepare in advance: If they fear they may lose their capacity in the future, they can draft an advance directive document that is filed with the general guardian. The document can define who will be appointed as guardian and how their affairs will be managed.

For example, an elderly woman was appointed as guardian for her incapacitated adult son who lived in a special care home. She was concerned about what would happen if she herself became incapacitated, who would take care of him? With the help of a lawyer, she created a document that designated a volunteer who would take care of her son in case of need. The lawyer also helped clarify the responsibilities that the volunteer was taking on, and the woman was relieved to know that someone would take care of her son in case of need.

Appointing a guardian or decision supporter is an important legal tool that ensures care for a person who is unable to care for themselves with the possibility of properly dividing powers, preserving their wishes, and protecting their rights. The lawyers at "Yad Sara" accompany applicants throughout the entire process, from the initial consultation, through submitting the application, to depositing documents and ensuring that the patient's wishes are carried out.

The writer, Attorney Rachel Falk, volunteers in the legal counseling department of Yad Sarah in Jerusalem.

In the Yad Sara Legal Advice and Assistance Department, lawyers donate their time and skills and volunteer to provide free legal advice and assistance to the elderly, the sick, and the disabled. The department has branches throughout the country, including Haifa and Kiryat Ata.

Contact details for the Yad Sara Association

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