A durable power of attorney is a legal document that allows any adult (over the age of 18) to determine how and by whom his affairs will be handled in the future when he is unable to handle it himself, provided he understands the meaning, goals and results of granting the durable power of attorney.

 

The person (called "the appointer"), chooses of his own free will at the stage when he understands and is able to make decisions and carry them out, who will take care of his affairs and how his life will look if and when his condition changes for the worse (deterioration in his condition). Deterioration in his condition can result from an accident, diseases of old age (such as dementia), mental disabilities and intellectual disabilities that may harm in man's judgment.

 

The way to do this is by appointing a power of attorney who will be authorized to act on behalf of that person in the future when he will no longer be able to make or carry out decisions concerning us himself.  ) and the possessives or only to some of them.

The power of attorney must act according to the instructions of the appointer, he must sign and confirm in writing before a lawyer (or before a professional in medical power of attorney) his agreement to the content of the continuing power of attorney, including the preliminary instructions included therein.

 

Appointment of a number of powers of attorney

 

A person can decide on the appointment of a single proxy as well as on the appointment of a replacement proxy in case the first proxy is unwilling or unable to act on his behalf. He can also appoint a number of proxies. It is possible and appropriate to determine whether the powers-that-be will act jointly or separately, what is the extent of the powers and responsibilities of each of them, as well as who will decide in the event of a dispute between them.

 

Enduring power of attorney in personal matters

 

Refers to the person's personal well-being, his daily needs, his place of residence, his health, his physical, mental or social affairs.

 

Personal matters also include medical matters, but it is possible to make a "Medical Enduring Power of Attorney" that refers to health matters only.

 

Lasting power of attorney in property matters

 

Refers to handling all of a person's assets, finances and liabilities.

The appointer can make a general determination - that the power of attorney is the person authorized to make future decisions on his behalf and leave to the power of attorney the discretion regarding the content of the decisions, or he can specify what he wants regarding the content of the decisions to be made on the various issues by establishing "advance directives".

Example: The appointor can determine in his personal medical affairs the type or identity of his preferred caregiver, or determine in his personal affairs that his future place of residence will be his home and that the transition to an out-of-home arrangement will be made only under certain circumstances. Alternatively, the appointor can determine that as part of handling his property affairs, the power of attorney will sell or rent his house under certain circumstances or instruct him to invest his money in a certain way.

 

the approval of the general guardian

 

After receiving the original copy from the general guardian and at the end of processing the request, a message will be sent to the appointing person with a copy to the lawyer about approval or rejection of the deposit request.

From the date the continuing power of attorney is deposited until the date it becomes effective, the general guardian will send a reminder to the appointing person, once every three years, to make sure that the person does not want to change the power of attorney for any reason.

 

and on a personal note, a durable power of attorney enables and facilitates the applicant to implement his requests and needs without going to court and without the intervention of the general guardian.

 

The instructions contained in the continuing power of attorney give those who dictated peace of mind, by the very existence of these instructions.

Moreover, the continuing power of attorney gives a person an inner sense of control, certainty and security in the day-to-day, which derives from the very fact that he has defined and guided others regarding the management of his lifestyle and quality in the unknown future for him.

 

Attorney Sharon Inbar is certified by the Ministry of Justice and the Bar Association in the field of continuing power of attorney and will be happy to be at your disposal for any questions or concerns on the subject.