Enduring Power of Attorney

None of us knows what the future holds. An accident, an illness or a cognitive decline may lead to a situation in which a person is no longer able to make decisions or manage their own affairs.

An enduring power of attorney makes it possible to prepare in advance for such situations, while the person is still lucid, understands and remains able to make decisions independently.

Through this document, you can choose in advance one or more people you trust and set out how they will act on your behalf if, in the future, you can no longer look after your affairs yourself.

What is an enduring power of attorney?

An enduring power of attorney is a legal document that allows an adult, while they still understand the meaning of the document and its consequences, to determine who will be authorised to handle their affairs in the future, if and when they are no longer able to do so themselves.

The person who draws up the power of attorney is called the principal, and the person chosen to act on their behalf is called the attorney.

Unlike a situation in which one must apply to the tribunal for the appointment of a guardian after a person is already unable to manage their affairs, an enduring power of attorney allows a person to plan ahead and express their wishes while they are still able to do so. Accordingly, the Israeli Ministry of Justice presents the enduring power of attorney as an alternative to guardianship.

Which matters can be arranged?

An enduring power of attorney may relate to a number of areas, according to the needs and wishes of the principal.

Personal matters

Instructions may be set out concerning daily life, place of residence, personal needs and the person's well-being.

Medical matters

Decision-making on medical matters may be arranged, in accordance with the provisions of the law and the type of power of attorney drawn up.

It is important to know that there are also special arrangements concerning medical directives in certain situations; the document should therefore be tailored to the principal's purposes, and one should not assume that every medical decision is automatically included in the same arrangement.

Property matters

The power of attorney may also deal with the management of assets, bank accounts, payments, obligations and other financial matters.

A power of attorney may be drawn up covering all of these areas or only some of them.

Who can be the attorney?

The principal chooses the person or persons they trust.

This is usually a spouse, a child, a relative or another person in whom the principal places their trust.

This is a very significant decision.

The attorney may in the future be given responsibility over sensitive personal, medical or financial matters. The choice should therefore not be based on family closeness alone, but also on trust, sound judgement and the ability to act in accordance with the principal's wishes.

It is also possible to set out instructions in advance regarding the manner in which decisions are to be made and to define how the attorney is required to act in various situations.

Can more than one attorney be appointed?

Yes.

Depending on the case, several attorneys may be appointed and the division of powers between them may be determined.

For example, one person may be chosen to handle certain matters and another person to handle others, or it may be provided that several attorneys act together.

The right choice depends on the structure of the family, the relationships between the parties and the nature of the matters to be arranged.

When does the power of attorney take effect?

Signing an enduring power of attorney does not mean that the attorney immediately begins to manage the principal's affairs.

As long as the principal is able to make decisions and manage their affairs, they continue to do so themselves.

The power of attorney is intended for a future situation in which the conditions set for its entry into force are met. When that stage arrives, the required procedure must be carried out before the Administrator General for the power of attorney to take effect.

This is one of the essential principles of the enduring power of attorney: the person does not give up control over their life today, but determines now who will be able to act for them in the future and under what conditions.

Why not wait?

An enduring power of attorney can only be drawn up while the person understands its meaning, its purposes and its consequences.

It would therefore be wrong to view it as a document prepared only once a significant deterioration in a person's condition has already occurred.

On the contrary, it is precisely when all is well and the person can calmly weigh the options before them that they can choose their attorneys, discuss the matter with their family and clearly determine how they wish their affairs to be managed in the future.

If one waits until the person is no longer able to understand the meaning of the document and to make the necessary decisions, it may no longer be possible to draw up an enduring power of attorney for them; other legal solutions will then have to be considered, including, in appropriate cases, an application to the tribunal for the appointment of a guardian.

Can the attorney do anything?

No.

The law sets limits on the powers of the attorney.

There are acts that the attorney may not perform, acts that require express authorisation in the power of attorney, and acts that, in certain circumstances, require the approval of the tribunal even when the document refers to them.

For this reason, it is important that the document should not be a mere "form", but should reflect as accurately as possible the wishes of the principal and the situations that may arise in the future.

How is an enduring power of attorney drawn up?

An enduring power of attorney is drawn up in accordance with the provisions of the law and the requirements of the Administrator General.

As a rule, an enduring power of attorney is drawn up before a lawyer who has undergone appropriate training on behalf of the Administrator General; once drawn up, it must be deposited with the Administrator General in accordance with the established procedure.

As part of this process, it is important to consider, among other things:

• who the attorneys will be;

• in which areas they will be authorised to act;

• whether they will act together or separately;

• which advance instructions one wishes to give them;

• how and when the power of attorney will take effect;

• and whether there are special matters requiring express reference in the document.

A legal document that is first and foremost a personal decision

An enduring power of attorney is not intended only for old age.

It is a tool that allows any adult who meets the conditions laid down by law to think ahead about a situation in which, for a medical, cognitive or other reason, they can no longer make decisions themselves.

The aim is not to take away a person's control over their life — quite the opposite.

The aim is to enable them to decide in advance, while they are still able to do so, who will act for them and how their wishes will be preserved in the future.

Would you like to check whether an enduring power of attorney is right for you?

Every family and every individual is in a different situation. Drawing up an enduring power of attorney requires an examination of personal, family and financial needs, as well as tailoring the document to the principal's wishes.

Our firm is at your disposal to explain, to help you plan and to draw up an enduring power of attorney suited to your situation and your wishes.

The above is general information only and does not constitute legal advice. Each case must be examined according to its own circumstances.