zissieg@walla.com
Well, on second thought, maybe you can live with it.
Money—it seems to be slipping through your fingers with all the added expenses you now face. If your incapacitated loved-one is able to handle his/her finances and sign checks, you’re still ahead of the game. The problems arise when you yourself need to gain access to his/her money to cover costs of care. I am now about to begin round three of applying for apotroposut (legal guardianship), and each time the circumstances have differed slightly. The process, however, remains more or less the same.
When Do You Need Apotroposut?
The following is based solely on my own experience and research and in no way represents legal advice or a professional legal overview. In any case you should contact a competent attorney regarding your specific situation.
If your loved-one is incapable of handling his/her own affairs and making lucid decisions regarding his/her physical or financial issues, due to physical and/or mental dysfunction, you may need to have a guardian appointed by a court to handle these matters. In my experience it seems that in most cases guardianship is awarded to one or more of the next of kin of the patient, but not without substantial proof that indeed the patient has reached this stage of incompetence. Note: to the best of my knowledge, this application is made through the Family Court—Beit Mishpat l’Inyanei Mishpachah—and not every city has a Family Court. Check for the Family Court closest to you on the list supplied by the Ministry of Justice (or your social worker should be able to provide this information). There are two types of applications: physical (for medical decisions) and financial (for monetary transactions). In many cases, you will want to apply for both at the same time.
LOCATE THE APPROPRIATE COURT FOR YOUR CASE!
Encounters of the Legal Kind
My first encounter with making the application involved emergency surgery that my mother-in-law, of blessed memory, had to undergo to allow for tube-feeding. Without the court-awarded guardianship the hospital would not do the procedure. My husband, actually, was the applicant, and I was his representative at Family Court. With very little notice we had to assemble all the relevant paperwork substantiating our claim. This paperwork included: a) the attending physician’s declaration that the patient was mentally incompetent and in need of an urgent procedure, b) a letter from a social worker familiar with the patient’s condition and family situation attesting to the applicant’s suitability to obtain guardianship, c) signed and legally witnessed written agreement from all siblings of my husband that he be awarded the guardianship, d) the application itself which delineates the request and specifies particulars of the other living first-degree relatives of the patient. Fortunately we have a close family member who is an attorney. The cover letter she composed outlining the situation in Hebrew legalese certainly did not hurt the cause.
The court procedure was pretty straightforward and we were able to manage on our own, but if you have any doubt as to how to proceed, hire an attorney to help you. Many organizations provide legal counseling services (Yad Sarah and AACI to name two with which I am familiar). The Ministry of Justice also provides free legal counseling for those who cannot afford it, subject to the completion of the necessary form outlining the nature of the request and financial status of the applicant and their approval of your request.
My first encounter with making the application involved emergency surgery that my mother-in-law, of blessed memory, had to undergo to allow for tube-feeding. Without the court-awarded guardianship the hospital would not do the procedure. My husband, actually, was the applicant, and I was his representative at Family Court. With very little notice we had to assemble all the relevant paperwork substantiating our claim. This paperwork included: a) the attending physician’s declaration that the patient was mentally incompetent and in need of an urgent procedure, b) a letter from a social worker familiar with the patient’s condition and family situation attesting to the applicant’s suitability to obtain guardianship, c) signed and legally witnessed written agreement from all siblings of my husband that he be awarded the guardianship, d) the application itself which delineates the request and specifies particulars of the other living first-degree relatives of the patient. Fortunately we have a close family member who is an attorney. The cover letter she composed outlining the situation in Hebrew legalese certainly did not hurt the cause.
The court procedure was pretty straightforward and we were able to manage on our own, but if you have any doubt as to how to proceed, hire an attorney to help you. Many organizations provide legal counseling services (Yad Sarah and AACI to name two with which I am familiar). The Ministry of Justice also provides free legal counseling for those who cannot afford it, subject to the completion of the necessary form outlining the nature of the request and financial status of the applicant and their approval of your request.
Persistence is the key to
overcoming legal hurdles.
Although the courts post specific hours for when they conduct business, in emergency circumstances, we learned that there is a judge on call at all hours to help with processing the legal work. The trick is getting past the guard at the door—don’t be shy, insist on the urgency of your request. The guard carries a walkie-talkie and can get approval to allow you into the building to proceed with your mission.
My second encounter involved surgery for my mother. She was scheduled for elective surgery, but due to her diminished mental capacity, when she was interviewed by the anesthesiologist, there was some question as to her ability to handle her medical affairs. This time the urgency was not so great but the process was more complicated. Whereas the previous time we were ushered into the court building after-hours, and our case was handled immediately with a minimum of hassle and waiting (we never even saw the judge, rather dealt with a registrar), this time we entered into the scary world of the court system at its busiest. Attorneys were running all over the place with papers flying and briefcases swinging. There were a myriad of desks and clerks for every kind of legal situation, laymen (none of them looking too ecstatic) were stumbling around in a daze, and we had no idea where to go. Naturally, for starters, the guard pointed us in the wrong direction when we explained what we were there to accomplish.
Finding your way through the system can be confusing.
My second encounter involved surgery for my mother. She was scheduled for elective surgery, but due to her diminished mental capacity, when she was interviewed by the anesthesiologist, there was some question as to her ability to handle her medical affairs. This time the urgency was not so great but the process was more complicated. Whereas the previous time we were ushered into the court building after-hours, and our case was handled immediately with a minimum of hassle and waiting (we never even saw the judge, rather dealt with a registrar), this time we entered into the scary world of the court system at its busiest. Attorneys were running all over the place with papers flying and briefcases swinging. There were a myriad of desks and clerks for every kind of legal situation, laymen (none of them looking too ecstatic) were stumbling around in a daze, and we had no idea where to go. Naturally, for starters, the guard pointed us in the wrong direction when we explained what we were there to accomplish.
Finding your way through the system can be confusing.
First rule at court: You have to open a file before you can go through any other part of the process, so your first stop is to the clerk that takes your paperwork, places it into a folder and pastes all kinds of stickers on it, gives it a number and tells you where to go next. If memory serves correctly, our next stop was the desk in charge of apotroposut, where the clerk looked over the paperwork and determined which judge would hear our case. She sent us to wait outside the judge's courtroom for our turn. A sign on the door warned in no uncertain terms not to enter when court was in session or until called in by the judge or his clerk. By this time, I was ready for the bathroom, so I asked one of the clerks in the area if I had enough time to take care of my needs. When assured that there was plenty of time, I rushed off. By the time I returned five minutes later, my husband was nowhere in sight. I peeked into the courtroom, and sure enough there he was. Remember the aforementioned sign? “To enter or not to enter?” that was the question! Taking a deep breath and expecting a jail sentence at the very least for my intrusion, I opened the door and went in without being summoned (memories of Queen Esther swirling around my head). I guess that sign wasn't all it was cracked up to be, because I didn't even receive a reprimand.
Make sure to have all your documents
to avoid unpleasant surprises.
All our paperwork was in order with two minor exceptions—the social worker at the hospital had told us we would not have to get permission from my siblings in the USA as the court was only concerned about siblings living in Israel. Wrong!!! At 10:30 a.m. Israel time, the judge insisted I phone my sisters in the USA to get their verbal agreement. They did not appreciate the wake-up call at 3:30 a.m. All's well that ends well, though. The judge agreed to the guardianship, but for only 30 days—enough time to implement the surgery. We were sent to pay the fee for the service and after some arguing about how we needed the paperwork on the spot (not mailed to us) because of the pending surgery, we were able to walk out of the courthouse with the legal work in hand.
Don't be intimidated. Perseverance Prevails.
Don't be intimidated. Perseverance Prevails.
Note: Don't be intimidated by the clerks and somber atmosphere (couldn't they have chosen pink instead of black for those robes and attorneys' suits?). Stand up for your rights. There is a desk marked "Mesaye’ah" (pronounced almost like Messiah—and a true savior if ever there was one), where there is a clerk whose sole purpose is to help confused citizens through the tangles of the legal system. Do not hesitate to avail yourself of this service. As with any other bureaucratic system, perseverance is the name of the game.
My sister and I are about to go round three to obtain permanent joint physical and financial guardianship for our mother. We have to arrange for a psychiatric evaluation (for the patient not for us), get a social worker’s letter of recommendation, get written consent from our father, and consent from our two sisters living in the USA (signed at an Israel consulate), and photocopies of the first page of everyone’s identity card or passport. I will keep you posted if things change this time around, but I am hoping that the third time will be a charm.
Temporary Money Solutions
In the meantime, there are some stop-gap ways to get access to the patient’s account, with the patient’s approval, of course. Policies vary from bank to bank, but you can inquire at the patient’s bank whether it is possible to get authorization to become a signatory on his/her checking account and/or acquire use of his/her credit/debit card. Become money savvy as to all the patient’s assets. You are going to need this information both for the patient’s benefit and for filling out various applications that require financial status reporting.
Happy treasure hunting!
My sister and I are about to go round three to obtain permanent joint physical and financial guardianship for our mother. We have to arrange for a psychiatric evaluation (for the patient not for us), get a social worker’s letter of recommendation, get written consent from our father, and consent from our two sisters living in the USA (signed at an Israel consulate), and photocopies of the first page of everyone’s identity card or passport. I will keep you posted if things change this time around, but I am hoping that the third time will be a charm.
Temporary Money Solutions
In the meantime, there are some stop-gap ways to get access to the patient’s account, with the patient’s approval, of course. Policies vary from bank to bank, but you can inquire at the patient’s bank whether it is possible to get authorization to become a signatory on his/her checking account and/or acquire use of his/her credit/debit card. Become money savvy as to all the patient’s assets. You are going to need this information both for the patient’s benefit and for filling out various applications that require financial status reporting.
Happy treasure hunting!
I welcome any comments you may have.
Guide to Services for the Aged and Disabled in Israel
© Copyright-2008
This work is protected by copyright law. Use of this work or any portion thereof, including photocopying, publication, public production, distribution, translation, broadcast, allowing public access to it, and utilizing portions derived from it for other purposes, without prior written permission from the author is prohibited.
© Copyright-2008
This work is protected by copyright law. Use of this work or any portion thereof, including photocopying, publication, public production, distribution, translation, broadcast, allowing public access to it, and utilizing portions derived from it for other purposes, without prior written permission from the author is prohibited.
