Every family should have immediate access to certain critical documents that enable the management of the welfare of a family member in the event of mental or physical disabilities, medically expected or unforeseen circumstances. The documents in question are permanent power of attorney and wills. This article explains the need for these documents, how to prepare and maintain them if needed. Permanent power of attorney is a relatively new legal provision created as an amendment to the Guardianship and Custody Act (1962). It expresses a completely new legal approach for people with disabilities. Prior to this amendment’s entry into force, when it came to making decisions for the mental or physical well-being of someone who could not make those decisions for themselves, the only available choice was to apply to the family court to appoint a guardian who is guardian usually empowered to make both financial and health decisions. However, such an approach is definitely not “user-friendly” as the guardian would often have to apply to the court for additional permission to perform various aspects of his or her duties. Aside from the associated costs, which would include the guardian’s fees, there were also significant additional burdens placed on the guardian. For example, an accountant had to file an annual financial report that recorded every single amount of money received and paid on behalf of the disabled person. Such a report is associated with considerable costs. The law now offers three ways to help people who are struggling to manage their own affairs: • A permanent power of attorney
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• Receive decision-making support: the “decision-making supporter”. • Traditional Guardianship (as described above for those who do not want to do an EPO). In addition, there are a number of other legal ways to protect certain assets: registering warnings on real estate or appointing a person to conduct banking affairs. The multitude of such options allows for a person in need of assistance and supports a number of alternatives that may suit that person’s needs. This article only deals with Permanent Power of Attorney. What is a permanent power of attorney? A permanent power of attorney is a legal document that allows you to plan your future while still being able and able to make decisions for yourself. You can decide which way
Your life will be led in the future if you find yourself in a situation where you cannot make such decisions or regulate your affairs (the legal term is “to
understand the matter ”). You can appoint someone you trust as your “empowered” person to act on your behalf in various aspects of your life. You as the person who signs and writes the power of attorney is defined as the “agent”. As an agent, you can decide which matters you want to assign to the “authorized” person
You also have the right to change or revoke the power of attorney, unless you have decided to limit your own rights to revoke the power of attorney. Permanent powers of attorney can only be prepared by a lawyer who has no interest in the matter, who has completed the course and has received certification from the Ministry of Justice.
The PoA is deposited with the general administrator, who is obliged to acknowledge the existence of the PoA deposited with him. This ensures that the PoA is in
according to the wishes of the applicant.
Why is that important? The basic concept of permanent power of attorney takes into account: • That the commissioner would really prefer to have people around him whom he trusts to make decisions for them when they are no longer able to manage their affairs rather than them a court-appointed guardian who may very well be a profitable company making a monthly “cut” on that person’s assets. • It is much better to have an arrangement that does not require a court-appointed guardian to periodically petition the court for instructions. In itself, this is a very expensive process. The permanent power of attorney comes into effect once it has been medically determined that you cannot make any decisions for yourself.
The Commissioner The commissioner must be an adult resident of Israel who understands the implications of permanent authority, its purpose and consequences.
The Authorized Person The law designates the position of the authorized person as a person who must trust the agent. Accordingly, he or she must be a person over the age of 18 and cannot be an authorized person for more than three agents. Of course, the empowered person must have the ability to legally manage the agent’s affairs (for example, he / she cannot be bankrupt or be referred to as a “restricted” customer). To avoid conflicts of interest and exploitation, the empowered person can give the agent certain Not providing payment services: This includes lawyers, doctors, accountants, or others. It is important to emphasize that the empowered person’s choice should be made freely and not to satisfy or avoid offending any person. This is a serious substantive decision that requires significant consideration as to who the empowered person should be. The agent needs the authorized person’s consent to take on the role. Accordingly, he or she should understand the contents of the power of attorney and sign the document in front of a lawyer. He or she must also sign an agreement to waive confidentiality so that it can be verified that the candidate meets legal requirements.
What matters can be included in a permanent power of attorney? A permanent power of attorney can be fully inclusive or limited to specific matters: • Ownership – in other words, authority to make decisions and act related to property, financial operations, investments, real estate or business management, and real estate realization, you Rights You Have • Personal Affairs – the power to make decisions and actions, including medical matters, but excluding property. The intent is to manage your quality of life and meet daily needs such as groceries and clothing. Participation in the community, choice of place of residence (at home or in sheltered accommodation) • Medical matters. Most people, of course, feel uncomfortable doing such matters. However, if you are a responsible person and you are looking to the future, think about the benefits of enduring
Power of attorney and making a will, which will be discussed in the next articles A flat fee for creating both sets of documents can be negotiated.
John de Frece is an attorney specializing in English and Israeli law. He is a (non-practicing) British trained lawyer and can give opinions on English and Israeli law, on translations and notarial deeds, on the recognition of foreign judgments and their implementation in Israel, as well as on drafting and explaining contracts, wills, etc. in Tel Aviv.
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