Durable power of attorney

Durable power of attorney is a document that replaces the institution of guardianship that was practiced in Israel until recently.

 

In the past – A Guardian had to be Appointed

In the past, a person could not prepare for a day when he would not be medically able to handle his affairs, and his relatives had to appoint a guardian for the body and property, a complex legal procedure that require family harmony (which is not always available) among all of the first degree relatives of the person (spouses, siblings, parents and children over the age of 18), as well as the involvement of the welfare department in the appointment process.

Even after the Guardian was appointed, the treatment of that person was subject to strict supervision (mainly in the economic aspect) of the State, including the establishment of a monthly annuity for its existence, mandatory filing of annual reports and filing for court approval any time an exceptional economic action was needed.

Any power of attorney granted by the ward (even if it is a document authenticated by a notary, and even if it is a power of attorney to operate in a bank account) automatically expires as soon as a guardian is appointed, since the law does not allow anyone to act on behalf of a person who is unable to criticize these actions kosher.

 

Today – Durable power of attorney

Any capable person (ie, a person who has reached the age of 18 years and is in a state of normal mental health) can now appoint a proxy under a Durable Power Of Attorney  (DPOA) and this  DPOA will take effect only after the appointing person becomes unfit to conduct his affairs .

The appointing person may decide in what manner his lack of eligibility will be determined (for example, pending a psycho-geriatric review, or via a simple doctor’s note – the choice is his and his alone).

The appointing person may decide whether the appointed person will be required to submit reports (just like a court appointed guardian) or that he will be completely exempt from the subject, as well as to establish another control mechanism (such as reporting to an additional relative when certain actions are carried out or when the power of attorney enters into affect).

The power of attorney dominates three matters- Property , Medical and Personal . It is possible to appoint the same person in charge for all the three matters, and More than one representative may be appointed for each issue- the DPOA matters may be divided in any way the appointing person wishes.

The DPOA  does not allow the delegate to perform certain actions, such as voting in the Israeli elections, but it is also possible to grant the appointed person economic freedom that does not exist for a Guardian , such as the right to give gifts and/or make donations on behalf of the appointing person.

 

How to draw a Durable Power Of Attorney

It is recommended to contact a lawyer who specializes in family law with a comprehensive understanding of the  legal capacity and guardianship act a, since every DPOA must be tailor made to serve the appointee properly according to his or her family and economic situation, As a DPOA is not a Generic legal form that is just “filled” the same for everyone, since the appointing person has the freedom to set conditions that will serve his/her best interests.

The DPOA is digitally signed by the lawyer and is also physically deposited with the Guardianship-General, and after it has been examined and approved, it goes on “standby” and can be put into effect at a moments notice.

Attorney  Shy Kedmi has been authorized to conduct DPOA a, and will be happy to assist you in taking control as to of what will happen to you should the day when you will no longer be able to take care of yourselves arrive.

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