What are the Preliminary Guidelines of Guardianship
The Preliminary Guidelines of Guardianship (hereby: “the guidelines”), is a document whose preparation is made possible through Amendment 18 of the Legal Competency and Guardianship Law, 1962 (hereby: “the law”). The amendment to the law was made to extend a person’s autonomy, to establish who and what will be done with him and his property when he loses the mental/physical competency to make decisions on various matters. The amendment to the law also makes the preparation of the Expression of Will and Enduring Power of Attorney documents possible.
A competent person (hereby: “the appointer”) is one who is able to set guidelines in the event that he loses the ability to make decisions. These guidelines include:
- The identity of the guardian to be appointed to him.
- The issues that the guardian will take care of.
- Guidelines for the guardian, how to act in the matters under his authority.
Which Issues May be Included in the Preliminary Guidelines of Guardianship?
The issues that can be settled in the guidelines are listed below:
- Personal Issues
Daily needs, housing, social issues, and every other personal matter.
- Property Issues
Various assets (or all), monies.
- Medical Issues
Treatment type, identity of the care provider, and everything related to his health.
Advantages of Preparing Preliminary Guidelines of Guardianship
Preparing preliminary guidelines for a guardian has many advantages as listed below:
- The appointer establishes the identity of the guardian.
- It gives the appointer’s guidelines to the guardian concerning how to act in matters that are under his authority.
- It prevents family conflicts relating to the identity of the appointer’s guardian.
- It allows a number of guardians to be appointed for various matters, and even for just one matter, and for sharing various authorities amongst them.
- It allows a corporation to be appointed as a guardian (especially relevant to people who are childless).
What are the Conditions for Preparing Preliminary Guidelines of Guardianship?
In order to prepare the guidelines, the following cumulative conditions are required:
- The appointer and the guardian are adults (over 18)
- The appointer is fully competent
“Fully competent—someone who is capable of understanding the meaning of giving
preliminary guidelines for the purposes of appointing a guardian, their objectives and results”
(Section 35A of the law).
- Agreement from the person who is said to serve as the guardian.
- Signature of the appointer and the guardian on the guidelines document.
With Whom May the Preliminary Guidelines of Guardianship be Prepared?
Preparing the guidelines can be done only with a lawyer who possesses specific qualifications of Administrator General.
Submitting the Preliminary Guidelines of Guardianship
After signing in front of a lawyer, the guidelines document must be submitted to the Administrator General. Submission may be done in one of the following ways:
- By a lawyer online
- By the appointer through personal delivery and showing ID in the relevant district of the Administrator General’s offices.
After submission, the Administrator General will send a confirmation/rejection of the request to submit.
From the date of submission until the request to appoint a guardian, the Administrator General will send a reminder to the appointer once every three years, to make sure that he does not wish to change the guidelines.
Validating and Appointing a Guardian through the Court
In the event that the appointer loses his ability to make decisions, the court will rule on the need to appoint a guardian. The court has full discretion in deciding the identity of the guardian; however, it shall seriously consider the guidelines and will generally approve their contents.
“If a person gives the preliminary guidelines and the court finds that a guardian should be appointed, the court shall appoint the person indicated as guardian within the guidelines and instruct him how to act in accordance with those guidelines. Although, this is unless the circumstances listed in Section 32A(C) or (D) are present, or if the court explained that appointing the person indicated as guardian or upholding the preliminary guidelines would seriously harm the person” (Section 35A(D) of the law).
The guardian will be under the supervision of the Administrator General, and he must report his actions to them.
Interested in Preparing Preliminary Guidelines of Guardianship? The Offices of Cohen, Decker, Pex & Brosh are at Your Service
At the law offices of Cohen, Decker, Pex & Brosh you will encounter lawyers who specialize in family law, authorized by the Administrator General to prepare the Preliminary Guidelines of Guardianship. Our lawyers will take care of your request and accompany you throughout the entire process.