A durable power of attorney is a legal document that allows any adult (over 18 years of age) to determine how and by whom their personal and/or financial affairs will be managed in the future, and how their life will look, if and when their condition deteriorates to the point where they can no longer manage their affairs themselves.
In the past, when a person lost their mental capacity due to an accident, old age illnesses (such as dementia), or other circumstances, the only way to manage their affairs was to appoint a Guardian In a cumbersome and lengthy procedure, one that does not consider urgent circumstances, such as making a decision regarding an emergency medical procedure, and which has created a mechanism with considerable disadvantages, the most prominent of which is the fact that the person for whom a guardian was appointed, on the one hand, did not choose that person (and it is not inconceivable that he would never have chosen him, had he been asked his opinion), and on the other hand, his life from now on is entirely subject to the discretion of that guardian, without him himself having any ability to influence, in any way, the decisions – some of them fateful – that the guardian will make concerning him.
This state of affairs opened a wide door to fraud and embezzlement, to involuntary hospitalizations of wards in psychiatric institutions, and to severe disputes that destroyed families.
Therefore, an innovative and significant legal mechanism was enacted, which is not conditioned on judicial approval, for granting enduring power of attorney, wherein a person, while mentally and cognitively capable, can not only appoint, by themselves and in advance, the person who will handle their various affairs, financial and medical, should they find themselves in a situation where they are no longer able to make such decisions, but can also provide detailed and clear instructions and directives in advance regarding these matters.
The amendment of a continuing power of attorney is made in a written document, in which a person (the 'grantor') appoints someone to make decisions on their behalf in the future, including, but not limited to, the following matters:
The principal may determine that the attorney-in-fact is the person authorized to make future decisions on their behalf, generally or broadly, and leave the attorney-in-fact the discretion regarding the content of the decisions, or, alternatively, specify their wishes regarding the content of decisions to be made on various matters through the establishment of "advance directives," such as the identity of the physicians who will treat their health matters or specific determinations regarding their property, such as selling their assets under certain circumstances or investing their money in a specific channel.
The appointer may designate "informed persons" who will receive information or reports from the power of attorney holder regarding decisions made or actions taken, or alternatively, may stipulate that the General Trustee will supervise the power of attorney holder.
After editing the power of attorney, the principal must confirm it with their signature, in front of An attorney who has undergone training and received authorization from the Ministry of Justice in this regard. In his signature, the appointer confirms that he understands the meaning, purposes, and consequences of granting power of attorney, and that the power of attorney is given with his free and voluntary consent, without coercion or undue influence having been exerted upon him, and without exploitation of his distress or weakness.
After the enduring power of attorney is prepared and signed, as stated, the attorney will deposit it with the General Guardian, as a prerequisite for its taking effect, and will keep an original copy of it. Relevant documents, such as expert opinions as evidence of the appointer's competence and/or documents detailing the appointer's assets, will be attached to the enduring power of attorney, as needed.
The enduring power of attorney will take effect on the date the principal is no longer able to understand the subject for which the power of attorney was granted.
Advocate Tal Ivri from our firm is among the first and most veteran certified professionals in drafting enduring powers of attorney, and has already accumulated extensive experience in drafting enduring powers of attorney.
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