Termination of Guardianship

A guardian is a person who is appointed to take care of the various interests of an adult who is physically/mentally incapable to make decisions about his own affairs (hereby: “the protected individual”) or a minor, who up until age 18 must have a guardian (whether his parents or someone else). There are a number of ways to determine who will be appointed as a guardian (according to what will be described further on).

In this article, we will deal with the different situations that can bring about a termination in the role of guardian, the reasons for which are varied and diverse. The law that settles the issue of termination of guardianship is the “Legal Capacity and Guardianship Law, 1962” (hereby: “the law).

Guardianship that is Terminated Naturally

Section 62 of the law explains the ways in which guardianship is terminated naturally, the various ways are listed below:

The parent is the natural guardian of the minor child (Section 14 of the law).

When the child reaches the age of 18, the guardianship ends naturally.

When the protected individual passes away.

The following situations are also a natural termination of guardianship, but require approval from the court:

The court decides that the protected individual has returned to being qualified to make decisions concerning his own affairs.
The court decides that the conditions for which the guardian was appointed have ended or that the goals for which he was appointed have been reached and there is no longer any need for his role as guardian.

Dismissal of a Guardian

The classic term for dismissal is termination, and when speaking of dismissing a guardian the term “dismissal” holds a much broader meaning and contains within it a few different possibilities which are listed below:

Dismissal of a guardian (the protected individual became independent)
Reduction in powers of the guardian
Appointing an alternative guardian

Who is authorized to file a request of dismissal of a guardian to the court?

The protected individual himself
The immediate family members of the protected individual
The State, through the social welfare offices or a representative of the Attorney General of Israel

The request will be submitted to the family court that appointed the guardian (for the appointing of a guardian needs authorization from the court) and will include explanation of the various reasons why. The court will discuss the request and make a decision.

Moreover, Section 61 of the law states as follows:

“The court is authorized to dismiss a guardian if he has not adequately fulfilled his duty or if the court saw another reason for his dismissal.”

Resignation of a Guardian

Section 60 of the law permits a guardian to resign from his position, although there are a number of conditions:

“The guardian may, by a written notification to the court, resign from his position; the resignation may not take place unless it is authorized by the court, and only on the date that it is authorized.”

Different Ways to Appoint a Guardian

From the start we would like to prevent situations in which we would be forced to resort to procedures of terminating a guardian (not in a natural manner). The simplest and most cost effective way is that the protected individual determines in advance (while possessing all his faculties) who will be appointed as his guardian in the event that he should need one, and even give him instructions of how to act.

In 2017, an 18th amendment was added to the law. This amendment allows a person to appoint a power of attorney/guardian for himself in advance, someone who can make decisions for him if he is no longer able to do so himself. The various issues can be determined through the following documents:

It is highly recommended for a person to use the options above in order to determine who will be appointed as his power of attorney so as not to reach the situation where the court decides who will be appointed as his guardian.

In addition, the person serving as a guardian may determine who will replace him in the event that he loses his ability to serve as guardian through the “Expression of Will” document.

Interested in Preparing an Enduring Power of Attorney, Preliminary Guidelines of Guardianship, or Expression of Will document? Our Offices are at Your Service

At our law office you will encounter lawyers who are experts in family law and who are authorized by the Administrator General to prepare Enduring Power of Attorney/Guidelines of Guardianship/Expression of Will documents. Our lawyers will take care of your requests and accompany you throughout the entire process.