What You Need to Know about the Apotropus in Israel
This article on an apotropus in Israel will discuss the meaning of this term and a few important points to know about it. Legal guardianship in Israel falls under the purview of the Ministry of Justice.
What Is an Apotropus in Israel
An apotropus in Israel is a term that refers to a legal guardian who takes care of someone who is mentally unfit to take care of themselves. While we are much more familiar with legal guardians for children, we often fail to take into account who we wish to appoint to manage our own affairs in the event we are unable to do so due to unexpected accidents or medical conditions. For example, if, as you start aging, you begin to suffer from dementia or other mental conditions that prevent you from making decisions for yourself or your financial affairs, you may need an apotropus, or legal guardian, who can assist you with this. If one is legally deemed unable to care for themselves and make decisions, they are considered “hasui” (incapable), and the apotropus can make decisions on their behalf. Oftentimes, the appointed apotropus is a relative.
Why Is It Important
There is an important reason to choose an apotropus ahead of time. In the event of unexpected events or medical conditions, a person who expected to maintain their mental capacities can suddenly face a new situation where they may no longer be able to manage their estate, finances, or personal needs. It is standard procedure in Israel for the court to appoint an apotropus; however, the court can fail to take into consideration what the person may have wanted prior to becoming mentally unfit to make their own decisions.
In order to ensure that the person who makes personal and financial decisions on your behalf is the person who you think would be best qualified to do so, it is recommended to either draw up a document indicating who your preferred legal guardian (apotropus) will be or to draw up an enduring power of attorney, which will allow you to indicate all these preferences, bypassing the court procedures necessary in apotropus appointments. For information on what an apotropus can do and when they can begin making decisions for an individual, see our article addressing the topic here.
This Series of Articles
This article is one in a longer series addressing issues related to legal guardianship. See our many other articles on benefits of an enduring power of attorney and types of legal guardianship in Israel to learn more on the issue. This is also related to another series of articles on inheritance law, the importance of making a will, how to write a will, how to amend a will, and more.
Contact Us
Advocate Anat Levi from our law firm specializes in family law and legal guardianship issues. If you have any questions or concerns about the apotropus in Israel, seek assistance appointing an apotropus ahead of time, or drawing up an enduring power of attorney, please contact us.
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:מאמרים מומלצים