Legal Guardianship and Enduring Power of Attorney in Israeli law

Many of our firm’s clients, especially elderly ones, are interested in planning for their legal future regarding issues of inheritance, estate etc. Indeed this is one of the smartest legal decisions one can make. Inevitably when planning the future of an estate in Israel, the question of Enduring Power of Attorney arises, which is often conflated with Legal Guardianship. This is an overview of these two legal processes to help guide you in preparing for your legal future and the legal future of your loved ones. 

When an individual wants to guarantee that a certain friend or family member will be their legal guardian when they are no longer of sound mind or body, or otherwise not capable of making legal decisions, then he or she can appoint these powers to a desired guardian while still fully competent. This act is called appointing an Enduring Power of Attorney. The appointed individual will only only become a legal guardian in the case that the individual is not mentally or physically fit to make binding legal decisions. 

For many people, the need for legal guardianship never arises, and the appointed power goes unused. However, for individuals who do not clearly and specifically appoint a power of attorney while still competent, and later unfortunately become physically or mentally unfit, it becomes a complex legal matter requiring time, court appearances, and attorney fees to appoint a legal guardian. As well, this creates the opportunity for a dispute among family members as to who should be the legal guardian, if the individual requiring care never specifically declared his or her wishes. Therefore, our office recommends appointing a power of attorney while still competent to prevent complex legal disputes in the future. 

Only lawyers who are approved by the Ministry General are permitted to aid in appointing an Enduring Power of Attorney. Advocate and Partner Anat Levi is certified to perform such services and would be glad to assist in planning for your family’s legal future. 

Contact us for legal advice and aid: 03-3724722

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