Elderly People - עמיהוד בורוכוב, משרד עורכי דין

My mother’s mental state has been declining over the last year and recently her younger brother was nominated by the family court to act as her guardian. He has just discovered that a few weeks prior to this my mother signed a “gift agreement” in which she transferred all her rights to her apartment to my sister, a divorcee, who has lived with her for the last few years and helped look after her. What can be done ?

Guardianship and Adoption •Elderly People

The legal guardian can apply to the family court for the cancellation of the “gift agreement”. Clearly, medical evidence will have to be provided to show that your mother was not mentally capable of entering into the gift agreement.

Several years ago my uncle was appointed by court to be guardian for my grandmother. He looked after her and her affairs with dedication. Recently, however, he was injured in a road accident and since then has been in hospital, unconscious. I am the adult relative closest to my grandmother and I would like to look after her. I do not have enough money of my own to do so and her bank refuses to let me have access to her funds. What should I do ?

Guardianship and Adoption •Elderly People

The 1962 Legal Capacity and Guardianship Act allows the court to dismiss a guardian if he or she is not fulfilling his role properly, or if it considers there is another reason for doing so. Where a guardian cannot apply to be relieved of his duties himself – for example where he is lying unconscious in hospital –then the court can reconsider the changed circumstances, bring his guardianship to an end, and appoint a new guardian instead. Accordingly, someone wishing to look after his relative can apply to court to be appointed his/her legal guardian where the existing one can no longer function as such.

I was nominated by the family court several years ago as my aunt’s legal guardian. My aunt is in her 80’s, virtually blind and also very forgetful.I am my aunt’s only living relative. Recently, I was offered a wonderful job. The only snag is that I have to relocate abroad. My aunt is not well enough to move with us. Sadly, I have come to the conclusion that I can no longer be her legal guardian. What should I do ?

Guardianship and Adoption •Elderly People

The 1962 Legal Capacity and Guardianship Act allows a guardian to resign by sending written notice of resignation to court. A guardian is not relieved of his/her duties immediately upon doing so – the court must approve the resignation which will only take effect from the date that it sets for this.

My mother is in her eighties and needs looking after, as she is no longer capable of looking after herself at all. While I can help her physically, I do not have a power of attorney and cannot withdraw money from the bank to pay for all her needs. What should I do to be legally entitled to withdraw money from the bank and basically manage things for her ?

Guardianship and Adoption •Elderly People

In the absence of a power of attorney, it is possible to ask the family court to be appointed as guardian over an elderly parent’s property. Once the court has approved the appointment and the adult child has an order to this effect , she can then approach any financial institution to withdraw money while acting in the mother’s interests.

My mother is an elderly widow. Although she owns an apartment she has been living with me and my wife for several years because she could no longer live alone or manage her affairs due to a severe deterioration in her mental health . We are short of space now as our own children need their own rooms. If both my mother’s apartment and ours are sold, we can buy a villa together with a parent’s unit. How can this be done given her situation ?

Guardianship and Adoption •Elderly People

Where an elderly parent has reached the stage where he/she can no longer manage his/her affairs it is possible for an adult child to ask the court to appoint him/her as the parent’s legal guardian. He/she can only act for the parent’s good and has no powers to act for his own benefit, even if his future rights from inheritance are involved. If the appointment is made then the guardian will have to apply to the court for instructions/permission to sell the parent’s property and buy part of another property. Where the court authorizes a sale of real estate within the framework of a guardianship case, it makes sure that the rights of the person lacking legal capacity are guaranteed, particularly regarding the registration of the equivalent value of that person’s rights in any real estate purchased jointly.

Is it always necessary to appoint a guardian for an elderly widowed parent who has lost his/her faculties, but who made a will several years ago leaving his/her estate to her children in equal shares ?

Guardianship and Adoption •Elderly People

Not necessarily. The answer depends on the particular circumstances. For example, if there is a risk that the elderly parent could be financially exploited by someone – e.g. a relative, neighbour, caregiver , or even a stranger –then it would be advisable to appoint a guardian who would act on her behalf. Such a risk is particularly high where the elderly relative lives alone and is dependent on someone who wishes to exploit this dependency , or is in an old people’s home, where he/she may develop a particular attachment to a member of staff. In cases like these appointing one or both of his/her adult children as guardian/s would protect his/her interests and well as the beneficiaries’ inheritance rights under the will as any gift or will he/ she made after the appointment of a guardian would be invalid.

If, however, there is no risk of this and arrangements already exist at her bank for her affairs to be managed adequately by way of a power of attorney or by adding a family member as a joint holder of her account, then there is no need for guardianship, which would place an unnecessary burden on the guardian who is obliged by law to prepare regular reports and accounts to court.

What can be done to organize medical help for a very sick elderly person urgently in need of it , but who has no relative acting as his legal guardian because they are the family members are preoccupied with a rift ?

Guardianship and Adoption •Elderly People

In such circumstances an urgent application can be made to the family court to appoint a guardian for him so that he can receive medical attention. If a relative cannot do this, another person e.g. a neighbour or friend can, and if there is no such person, the Attorney General’s representative can take action.

My mother’s mental state has been declining over the last year and recently her younger brother was nominated by the family court to act as her guardian. He has just discovered that a few weeks prior to this my mother signed a “gift agreement” in which she transferred all her rights to her apartment to my sister, a divorcee, who has lived with her for the last few years and helped look after her. What can be done ?

Guardianship and Adoption •Elderly People

The legal guardian can apply to the family court for the cancellation of the “gift agreement”. Clearly, medical evidence will have to be provided to show that your mother was not mentally capable of entering into the gift agreement.

Several years ago my uncle was appointed by court to be guardian for my grandmother. He looked after her and her affairs with dedication. Recently, however, he was injured in a road accident and since then has been in hospital, unconscious. I am the adult relative closest to my grandmother and I would like to look after her. I do not have enough money of my own to do so and her bank refuses to let me have access to her funds. What should I do ?

Guardianship and Adoption •Elderly People

The 1962 Legal Capacity and Guardianship Act allows the court to dismiss a guardian if he or she is not fulfilling his role properly, or if it considers there is another reason for doing so. Where a guardian cannot apply to be relieved of his duties himself – for example where he is lying unconscious in hospital –then the court can reconsider the changed circumstances, bring his guardianship to an end, and appoint a new guardian instead. Accordingly, someone wishing to look after his relative can apply to court to be appointed his/her legal guardian where the existing one can no longer function as such.

I was nominated by the family court several years ago as my aunt’s legal guardian. My aunt is in her 80’s, virtually blind and also very forgetful.I am my aunt’s only living relative. Recently, I was offered a wonderful job. The only snag is that I have to relocate abroad. My aunt is not well enough to move with us. Sadly, I have come to the conclusion that I can no longer be her legal guardian. What should I do ?

Guardianship and Adoption •Elderly People

The 1962 Legal Capacity and Guardianship Act allows a guardian to resign by sending written notice of resignation to court. A guardian is not relieved of his/her duties immediately upon doing so – the court must approve the resignation which will only take effect from the date that it sets for this.