More and more Israelis are creating lasting powers of attorney “in advance” to designate someone to handle their personal, property, and medical matters if they become incapacitated. Attorney Mindy Ehrlich from the Decker, Pex, Levi Law Firm, authorized by the General Guardian to draft a continuous power of attorney in Israel:, explains the process and the importance of appointing a trusted individual.
Following recent amendments to the Legal Capacity and Guardianship Law, more clients are consulting lawyers to establish enduring powers of attorney. This ensures that their affairs will be managed according to their wishes if they lose the capacity to make decisions due to an accident, stroke, old age, dementia, or other reasons.
Once they reach the age of majority (18), Israelis can create a lasting power of attorney to decide in advance who will handle their affairs if they become incapable. This avoids the need for a court-appointed guardian and eliminates bureaucratic delays.
A continuous power of attorney is customized for each individual based on their unique circumstances, age, and current or future needs. It addresses personal, property, and medical matters according to the individual’s specific preferences.
When should you establish an enduring power of attorney?
“An enduring power of attorney can be established from age 18, but the timing is personal and varies. For instance, a young person with assets may wish to make arrangements while still healthy, whereas an older individual may want to ensure decisions about medical care are made according to their wishes if they become unable to decide for themselves,” explains Ehrlich.
Awareness of the enduring power of attorney has increased among younger people, who prefer to avoid leaving their fate to the court and instead designate someone to manage their affairs in advance.
Can you specify instructions in the enduring power of attorney?
Yes, the document can include specific instructions. You can choose who will be your attorney, outline which areas they will manage, and whether they will act together or separately. You can even specify details such as personal care preferences, medical treatment decisions, and financial management.
What if the appointed attorney cannot fulfill their role?
It is advisable to appoint multiple trusted individuals to act as attorneys to cover for each other if necessary. If none of the primary attorneys can fulfill their role due to reasons like illness or relocation, a substitute attorney can be appointed to ensure there is always someone available to manage your affairs.
Can you change or revoke the enduring power of attorney after it has been filed?
The enduring power of attorney is flexible. Even after it has been filed with the General Guardian, you can cancel or amend it as long as it has not yet been activated. If the document is activated but circumstances change, it can be adjusted to reflect your current wishes. However, cancellation after activation requires court approval.
Why consult a specialized lawyer?
Only a lawyer who has undergone special training and received certification from the General Guardian can draft an enduring power of attorney. This ensures that the lawyer is well-versed in the complexities and sensitivities involved, and can provide expert guidance tailored to your needs.
An enduring power of attorney is a relatively new and evolving legal tool. It is essential to work with a lawyer experienced in family law, inheritances, and wills to navigate the complexities and ensure that your document meets all legal requirements and effectively represents your wishes.
Attorney Mindy Ehrlich is available to answer any questions about enduring powers of attorney, guardianship, wills, estates, or family law.
Article translated by Yasmin Dabscheck