Legal Capacity and Guardianship

Ben Ari Fish, Law Firm provides legal services in drafting Lasting Power of Attorney, and handles various legal proceedings pursuant to the Legal Capacity and Guardianship Law.

A Lasting Power of Attorney is a relatively new procedure that enables an individual to decide in advance who will handle their affairs and how they will do so, if and when that same individual will be unable to make such decisions on their own in the future. Through a Lasting Power of Attorney, another individual can be appointed to be responsible for attending to medical, proprietary and other personal matters. Also it allows to establish personal instructions on how the various affairs of that person will be managed.

The professional team that specializes in this legal field at the firm has been certified by the Israeli Guardian General to draft Lasting Powers of Attorney, and engages in doing so on an ongoing basis for the benefit of many of its clients.

The procedure entailed in preparing a Lasting Power of Attorney involves accompanying the client in making significant decisions regarding the remainder of their life, guiding, informing and leading the individual to make optimal decisions for themselves and their immediate family. The vast experience of the professional team at the firm, led by Adv. Heli Dankner, offers a significant advantage to clients in analyzing complex situations as part of the drafting process of Lasting Power of Attorney.

The team is also engaged in the field of guardianship, applicable to situations in which an individual is unable to manage their own affairs (and who did not leave a Lasting Power of Attorney in advance). The guardian aims to look after such individual’s best interests and to act as their trustee, making decisions in their place and for their personal benefit.

The appointment of a guardian is a complex and painstaking procedure that must be thoroughly understood. It deprives an individual of the autonomous control over their life, and therefore calls for extreme care in conducting a proper procedure and in selecting a guardian for whom the best interests of the individual who needs them takes precedence over their own interests. In some cases it is necessary to appeal the intentions of an appointed guardian, when this individual does not look after the best interests of the person for whom they are in charge. Such cases are heard before the judicial instances.

Our firm has many years of expertise managing guardian appointment proceedings, as well as objections to the appointment of a guardian. These legal proceedings concern the core of human autonomy and must be conducted with the utmost empathy and sensitivity.

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