This article addresses a living will vs enduring power of attorney and the similarities and differences between the two. These issues of Israeli inheritance law fall under the auspices of the Israeli Ministry of Justice.
Living Will vs Enduring Power of Attorney
Enduring power of attorney, in Hebrew, yipuy coakh mitmashekh, is also referred to as a continuous or continuing power of attorney. It is a document that discusses an individual’s health and financial preferences for the future in the event that something happens that results in them becoming mentally unfit to make their own decisions. In this case an individual/s can be appointed to make decisions for them. An enduring power of attorney also allows a person to indicate their personal, health and financial wishes for the future. While some think that an enduring power of attorney is the same thing as a living will, an enduring power of attorney has the potential to encompass many more issues than a living will.
A living will is often made in the event one fears they may become terminally ill, and it is valid for five years at a time. It indicates what medical care one wishes to have if they become terminally ill and incapable of making their own decisions. Oftentimes the individual who makes the living will also gives a trusted person power of attorney as well.
When a Living Will or Enduring Power of Attorney Goes Into Effect
A living will goes into effect on two conditions. The first is if an individual is deemed to be terminally ill according to the Terminally Ill Patient Law. The second is if the individual is deemed medically incompetent.
The enduring power of attorney can encompass parts of a living will, but it also addresses other issues. While a living will must be renewed or rewritten every five years, an enduring power of attorney goes into effect only in the event an individual becomes mentally unfit to make their own decisions. That said, it is easy to update or change an enduring power of attorney at any point before a person becomes mentally unfit. Additionally, an enduring power of attorney not only takes into account medical decisions for an individual but personal and financial ones as well.
This Series of Articles
This is one of several articles addressing legal guardianship and inheritance law. In other articles we address what you need to know about living wills, the reasons to prepare an enduring power of attorney, what an apotropus (legal guardian) does, types of legal guardianship, and more.
Contact Us
Our law firm specializes in Israel inheritance law and family law, and Advocate Anat Levi would be happy to help you with all your legal guardianship and power of attorney needs. Contact us with any questions or concerns about a living will vs enduring power of attorney or anything else in our fields of legal specialization.