When a person over the age of 18 suffers from a terminal or progressive illness and wishes to secure their future, they have the option of transferring responsibility for their healthcare, financial affairs, and day-to-day functioning to another person they trust. For this purpose, an Enduring Power of Attorney is available, allowing many people in Israel to plan for and protect their future.

In fact, any person may request to prepare an Enduring Power of Attorney while they are healthy and have no medical problems. However, most cases involving the signing of an Enduring Power of Attorney concern people with disabilities or incurable illnesses.

Enduring Power of Attorney Lawyer in Jerusalem

To prepare and sign an Enduring Power of Attorney, it is necessary to contact an attorney authorized to handle Enduring Powers of Attorney who has received the appropriate certification from the Ministry of Justice. Therefore, not every attorney can handle this sensitive matter, and it is very important to check the attorney representing you before the document is drafted. The document is intended to protect a person’s future when they become unable to make decisions for themselves.

The document specifies the person or people who will manage the financial, health-related, and other matters relevant to the person who prepared the document when that person can no longer manage them independently.

The Document That Protects a Person’s Future

An Enduring Power of Attorney has significant implications for the future of the person who wishes to sign it. If you wish to sign an Enduring Power of Attorney and place your future in the hands of people you trust, it is important to receive professional legal guidance and advice regarding this important document.

Drafting an Enduring Power of Attorney

Avital Horef & Co. is a professional law firm in Israel specializing in Enduring Powers of Attorney. Attorney Avital Horef, the firm’s founder, is certified by the Ministry of Justice to draft and handle Enduring Powers of Attorney in all their aspects. Attorney Avital Horef accompanies clients through the Enduring Power of Attorney process with patience and care in order to achieve the best possible legal formulation for each individual.

Authorized Enduring Power of Attorney Lawyer – Avital Horef

Avital Horef & Co. Law Office invites you to schedule a meeting this week with Attorney Avital Horef and begin the process of drafting your Enduring Power of Attorney in the way that is most appropriate for you, in order to secure your future when you can no longer do so yourself.

Enduring Power of Attorney – Peace of Mind About the Unknown Future

Amendment 19 to the Legal Capacity and Guardianship Law, 1962, created an alternative to appointing a guardian and allows every competent and lucid person to choose who will manage their affairs when they can no longer do so themselves.

We spoke with Attorney Avital Horef, who specializes in family and inheritance matters, and asked for an explanation of what an Enduring Power of Attorney is, why it is advisable to sign one, who can sign one, what powers the appointed attorney has, and more.

An Enduring Power of Attorney, Attorney Avital Horef explains, is a powerful tool that allows a person to determine who will manage their affairs when they are unable to do so because of old age, illness, or various disabilities. The appointed attorney steps into the shoes of the person who granted the power and makes important decisions on their behalf in personal, financial, and medical matters. Signing an Enduring Power of Attorney gives a person peace of mind and security in the face of an uncertain future.

We asked Attorney Horef to share the firm’s extensive knowledge and experience with us and answer additional questions.

What Is the Difference Between an Enduring Power of Attorney and a Will?

An Enduring Power of Attorney is not a substitute for a will. These are two separate legal documents that relate to different periods in a person’s life. An Enduring Power of Attorney relates to the period when a person is alive but is unable to manage their affairs independently. A will, on the other hand, is a document that determines how the deceased person’s estate will be distributed after their death.

What Happens When There Is No Enduring Power of Attorney?

If a person has not signed an Enduring Power of Attorney and reaches a situation in which they are unable to manage their affairs, the court will appoint a guardian for them in accordance with the Legal Capacity and Guardianship Law.

With an Enduring Power of Attorney, the person granting the power can plan their future according to their wishes without the court or their relatives determining the identity of the appointed attorney or controlling their actions. In contrast, when a guardian is appointed, the court decides who the guardian will be and supervises the guardian’s actions.

Who Can Sign an Enduring Power of Attorney?

Any person over the age of eighteen who understands the meaning of an Enduring Power of Attorney, its purposes, and its consequences may sign an Enduring Power of Attorney and appoint an attorney to act on their behalf.

 Is Medical Approval Required to Prepare an Enduring Power of Attorney?

No. Any competent person over the age of eighteen may prepare an Enduring Power of Attorney, and no medical approval is required.

 What Matters Should Be Included in an Enduring Power of Attorney?

As part of an Enduring Power of Attorney, the person granting the power may entrust the appointed attorney with decisions concerning their affairs at a time when they are no longer competent to make decisions. The person granting the power may authorize the appointed attorney to act on their behalf in medical matters, personal matters, property matters, all three together, or any one of them separately. In addition, the person granting the power may provide advance instructions and establish a course of action for the appointed attorney to follow when the power of attorney takes effect. The person granting the power may determine when the Enduring Power of Attorney will take effect, under what circumstances it will expire or be cancelled, and more.

An Enduring Power of Attorney can appoint one attorney or several attorneys. Attorney Avital Horef recommends appointing several people to the role in case an appointed attorney wishes to resign or is unable, for health or other reasons, to serve as an attorney.

 

Who Are the Parties Involved in Preparing an Enduring Power of Attorney?

Several relevant parties are involved in preparing and implementing an Enduring Power of Attorney:

The person granting the power is the person who decides to whom the power of attorney will be granted and determines its content according to their personal wishes.

The appointed attorney is the person entrusted with the responsibility and authority to act in good faith on behalf of the person granting the power, while safeguarding that person’s interests and wishes as expressed when the document was signed. The appointed attorney may receive compensation for their work, but only if this is provided for in the Enduring Power of Attorney.

Attorney – The Legal Capacity Law provides that an Enduring Power of Attorney may be prepared only through an attorney who is a member of the Israel Bar Association, has completed special training in preparing Enduring Powers of Attorney, and has no personal interest or conflict of interest in the power of attorney.

The Administrator General is the authorized authority responsible for matters relating to Enduring Powers of Attorney. The Enduring Power of Attorney must be deposited with this authority, which must also be notified when it is activated or cancelled.

 When Does the Enduring Power of Attorney Take Effect?

The Enduring Power of Attorney will take effect in one of two circumstances, according to what was determined in the document.

When the person granting the power is no longer capable of understanding the matter for which the power of attorney was signed.

When specified conditions set out in the Enduring Power of Attorney occur, such as the person granting the power being hospitalized in a nursing facility or psychiatric institution, and more.

The appointed attorney may not decide when the Enduring Power of Attorney takes effect. However, the power of attorney may take effect following a joint determination by family members and the appointed attorney that the conditions for activation have been met.

If no explicit conditions for activation were written into the Enduring Power of Attorney, a medical opinion will be required confirming that the person granting the power is unable to understand the matters for which the Enduring Power of Attorney was signed.

When the Enduring Power of Attorney takes effect, the following parties must be informed:

If the person granting the power lives with relatives, they must be notified. If the person lives in a residential facility, the facility owner must be notified. If substitute attorneys were appointed, they must be notified, and the Administrator General must also be notified.

When Does an Enduring Power of Attorney Expire?

An Enduring Power of Attorney expires in any of the following circumstances:

When a specific condition established by the person granting the power for expiration has occurred.

When the person granting the power or the appointed attorney dies. When the person granting the power dies, the appointed attorney may continue managing the person’s property affairs for a period of ninety days.

When the appointed attorney’s circumstances change and they no longer meet the requirements for appointment, such as becoming bankrupt or having been appointed because they were a licensed professional whose license was revoked.

When the appointed attorney no longer wishes to continue in the role and has sent notice to the person who granted the power.

When the appointed attorney was the spouse of the person granting the power and the marriage has ended.

When the appointed attorney was the common-law partner of the person granting the power, but they stopped maintaining a shared household with the intention of ending their family relationship.

 When Is an Enduring Power of Attorney Cancelled?

The person granting the power may withdraw their decision to appoint the attorney. To cancel the appointment, the person granting the power must send the appointed attorney a notice of cancellation. The cancellation takes effect when the notice is delivered.

 What Is the Difference Between Expiration and Cancellation?

In the case of cancellation, the person granting the power may reverse the cancellation notice by applying to the court. In contrast, when the appointment expires, the appointed person can no longer serve as the attorney.

How Is an Enduring Power of Attorney Deposited?

When the person responsible for depositing the document wishes to deposit the Enduring Power of Attorney, they must appear in person at the offices of the Administrator General and provide an original copy of the Enduring Power of Attorney.

When the Enduring Power of Attorney is deposited through the attorney before whom it was signed, the attorney may deposit the document online using an electronic signature. After the online deposit, the attorney must send a signed original copy of the Enduring Power of Attorney by registered mail within fourteen days.

Attorney Avital Horef is a member of the Israel Bar Association and has completed specialized training in preparing Enduring Powers of Attorney. Attorney Horef is considered one of the leading attorneys in family-law matters and is known for managing legal proceedings efficiently and diligently, while adapting the process to each client’s individual needs.

Signing an Enduring Power of Attorney is important for anyone who wants peace of mind and the knowledge that, when they can no longer manage their affairs themselves, someone will manage them while giving effect to their wishes.

Would you like to sign an Enduring Power of Attorney? For an attractive fee proposal, contact us today:

Attorney Avital Horef, 43 Yirmiyahu Street, Center 1, Jerusalem.

Phone: 072-322-2797

Office website: https://lawdin.co.il/

Email: office@lawdin.co.il