Why do you need a guardianship lawyer?
Appointing a guardian in preparation for an inheritance fight
A guardian is defined in Israeli law as someone who is responsible for another person, referred to in legal language as a custodian. Parents are guardians of their children. Children can be guardians of their parents when they are unable to care for their needs.
In certain cases, the court may appoint a guardian for a person’s body in the physical sense, or alternatively for a person’s property.
For example, when one of our parents is physically unable to function, we can ask the court to appoint guardians over his property and/or person for a certain period of time.
However, sometimes a request to appoint a guardian can be submitted with an unpleasant scent of an ugly fight between siblings over the parents’ property.
In such a case, a business Family Court In Kiryat Gat, as part of a procedure AP (kg) 1/13 So-and-so n So-and-so.
The main points of the dispute that led to the court case
Two brothers filed a petition to appoint a guardian over the property of their father, who is unable to function physically due to diabetes and the amputation of his leg.
The respondents to the application were his two brothers, and the rest of his family. However, the dispute arose between the two brothers who applied and the two brothers who responded. The two brothers who responded live in their father’s house, which is the one being sought by the guardianship.
According to the applicants, one of the brothers is in a serious conflict of interest because he lives in their father’s house and has access to his property.
The brothers also claimed that if they were not appointed guardians of their father, their respondent brothers would make a disposition of the property, which would also harm them.
The applicants further claim that the respondent brothers would exert undue influence on the father with regard to the property, if they were not appointed as guardians of his property.
There is a dispute between the brothers regarding property, and in order to resolve the dispute, an arbitrator has been appointed in their case. However, this is a separate proceeding that does not concern the guardianship proceeding.
We should also note that the main dispute and concern of the applicants revolves around an agricultural farm that was owned by their father.
The respondents, on the other hand, claimed that their father did not need a guardian over his property at all. He was completely lucid.
His leg was indeed amputated, but he is functioning, he participates in social activities in the afternoons, and therefore there is no need to worry about him on a legal level.
In addition, and in between, a medical summary was received regarding the father’s case, submitted by him, from which the following emerges: “Cognitively, the father is fully conscious, cooperative, and coherent in time, place, and regarding his condition.
“Short-term memory is preserved, as is attention and concentration. It also appears that the father’s judgment of himself and the environment is a preserved judgment and that abstraction is normal, as is visual-motor and spatial organization.”
A social worker appointed by the court also determined that there was no reason to appoint a guardian for the father.
The Attorney General, who is a party to any proceedings to appoint a guardian, opposed the appointment in the circumstances of this case.
At an early stage, the court recommended that the parties reconsider whether there was a need to conduct the present proceedings, but the applicants insisted on this.
Court decision on the request to appoint a guardian for the father
During the hearing, the court requested to speak with the father privately, with only a representative from the Attorney General in the courtroom.
This is how the court described the father’s position: “The father expressed great frustration with the conduct of the proceedings that led to this decision.
According to the father, Respondent 4, he is the only son who takes care of him, respects him, entertains his time and takes care of his needs, while the applicants ignore him and are busy with intra-family conflicts and not really protecting his well-being.”
The court’s distaste is evident from the very beginning of the decision, when the ruling states:
“…It is no secret, and the matter is reflected in the request as well as in the course of the discussion that took place before me and before the previous judge, that the real conflict between the father’s children is not the question of who is worthy of taking care of him and looking after his affairs, but rather which of their children will be entitled to his property. Of course, this is not the purpose of the institution of guardianship.“.
When appointing a guardian, the court must exercise great caution when it deprives a person of rights and transfers them to another person..
It was ruled as follows: “The court is commanded to exercise extreme caution and examine such a request very carefully, since accepting it is nothing more than a violation of the most fundamental right of man, and constitutes a denial of his freedom, autonomy, and free will, and will even label him as an exception and as having a severe and extreme limitation that impairs his abilities to manage his affairs, to the point where there is justification for another person to step into his shoes and make fateful decisions regarding his body and/or property.“.
The court ruled that the applicants are not concerned with the father’s needs in practice, but only with the possibility that he will be stripped of his assets during his lifetime, and they will ultimately suffer.
As mentioned, conflicts inheritance Futures do not concern guardianship.
Therefore, the court rejected the applicants’ request to be appointed guardians of his property. The applicants were also ordered to pay legal costs in the amount of 3,500 NIS.
Go out and learn…
This is a rather unfortunate case of a future inheritance war and an early attempt on behalf of the sons of an elderly man to prepare the ground for future inheritance struggles.
It appears that the applicants were mistaken in internalizing the purpose of the institution of guardianship, and chose to misuse it, thereby harming their father and the rest of their family.
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Guardianship lawyer
Every adult, of course, wants to manage his or her own affairs. However, there are quite a few situations in which the ability simply does not exist, and the solution offered by the law is a guardian. This is also the right response to a situation in which parents, who are the natural guardians of their children, are not fit to care for them. When you appoint a guardian with the help of a lawyer, you can be sure that the solution to the above problem will be optimal. Sharon Segal Law Firm has handled dozens of cases over the years. We will be happy to assist in all cases where the legal services of an expert in the field are required, in order to avoid unnecessary complications and delays.
How do you appoint a guardian without delay with the help of a lawyer?
- Reasoned request and accompanying documents – In order for the authorities to agree to appoint someone to manage a person’s affairs, convincing reasons are required, and of course, proof of the person’s incompetence. Accordingly, the request must include a letter detailing the circumstances that led to the need to appoint a guardian, as well as documents attesting to the facts mentioned in the request.
- Affidavits – All first-degree relatives of the person who needs a guardian must sign an affidavit and indicate whether they support (or oppose) the request.
- Handling objections – There are cases where the process becomes complicated, due to opposition from the person themselves and/or their immediate family members. The opposition can be general to the idea of appointing a guardian, or to the specific appointment of the requested person (i.e., to the identity of the intended guardian). The state also has the right to object. In such a case, the application will be heard before a family court, and a skilled lawyer will represent your interests and work to have the application approved.
Comprehensive advice and close support until the desired result is achieved.
As mentioned, with the help of a lawyer, a suitable guardian can enter into his important role in a minimum of time. In cases where any delay in making the necessary decisions regarding that person’s life could cause irreversible damage – the importance of the lawyer increases. In addition, an experienced professional helps by providing advice and guidance regarding the guardian’s areas of responsibility, placing restrictions on the actions that the guardian is authorized to perform, and more. Even when there is a dispute about the functioning of a guardian who has already been appointed to the position, it is very worthwhile to use the knowledge and experience of a suitable lawyer. Guardianship is one of the areas of expertise of the Sharon Segal Law Firm, which generally ensures service of exceptionally high standards.
