Legal Guardianship vs Power of Attorney
This article addresses legal guardianship vs power of attorney in Israel and the similar and dissimilar elements in both these processes. These issues relate to family law in Israel, which falls under the jurisdiction of the Israeli Ministry of Justice.
Legal Guardianship in Israel
A legal guardian, or apotropus in Hebrew, is a court-appointed person who helps manage the affairs of another individual who is no longer mentally capable of doing this on their own. It is possible to draw up a legal document, while of sound mind, indicating who one would like to recommend as their legal guardian in the event this role is needed in the future. While the family court will take this into consideration, they have the authority to make a different decision if they see fit. Additionally, legal guardianship can be vested in one individual or a group of individuals who either focus on different issues or who share authority over the same issues.
Enduring Power of Attorney in Israel
Enduring power of attorney, called yipuy coakh mitmashkeh in Hebrew, is a document that a person draws up, while of sound mind, indicating which person or persons will have authority over their affairs only if and when this might be needed. This document is drawn up with a lawyer, and there is no need for the courts to intervene or appoint anyone, unless the person drawing up the enduring power of attorney indicates that they wish for the court to appoint someone on particular issues.
Legal Guardianship vs Power of Attorney
Legal guardianship and enduring power of attorney are two approaches to the same issue — what should be done when a person becomes mentally unfit to manage their own personal, health, and estate affairs.
As aforementioned, legal guardianship is a court appointed role, while enduring power of attorney allows an individual much more freedom to decide exactly who will be in charge of what affairs.
Legal guardianship can be given to a person, group of people, or a corporation, while enduring power of attorney can only be given to a person or group of people. Generally speaking, legal guardianship is a much longer, drawn out process, because it often involves multiple appearances in court and the requisite costs.
Drawing up an enduring power of attorney allows an individual to bypass the courts and invest the authority for decision making in the person(s) of their choice.
This Series of Articles
This article is one in a longer series on guardianship and power of attorney. For more information on what an apotropus can do, a living will vs enduring power of attorney, the benefits of an enduring power of attorney, and more, see our other articles.
Contact Us
Advocate Anat Levi from our offices specializes in family law and is certified to address all needs related to legal guardianship and enduring power of attorney. If you have any questions about legal guardianship vs power of attorney and which might be the best for you, feel free to contact us.
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