Lawyers
Ongoing Power of Attorney
The safe and effective legal tool to secure your future
This is a legal document, which allows each of us to determine in advance who will handle our needs, when we will not be able to do so for any reason. We determine the conditions under which the power of attorney will take effect, the identity of the proxy, what decisions he will make on our behalf, whether he will handle all or part of our affairs.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
What will happen when, God forbid, we or our loved ones find ourselves in a situation where we are unable to function or make decisions?
In April 2017, a very important amendment to the Legal Qualifications and Guardianship Law came into force, which created a legal tool of great importance: a durable power of attorney. It is a legal document that allows us to determine today, while we are healthy and clear, who will make decisions for us in the future when we can not take care of ourselves. This is a simple and immediate procedure, very different from the institution of guardianship we are familiar with. The following article will elaborate on just this matter.
Set today for tomorrow
The amendment to the law
We are all familiar with this not-so-simple situation where a person can no longer make decisions for himself, due to physical or mental disabilities. Sometimes this happens simply due to old age and sometimes, following an illness or accident, which can of course occur at any age. Until recently, the solution in these cases was one: the appointment of a guardian, a lengthy legal procedure, which is usually done when that person is no longer in a position to express his or her opinion on this important issue. Meaning: The person in need of a guardian, who is in need of a guardian, has no influence on the identity of the guardian, as well as on the nature and extent of the actions he will perform on his behalf. Understanding that there is a need to change the existing situation, there is an alternative procedure today called durable power of attorney, what are the additional differences between it and the appointment of a guardian?
Durable power of attorney, what is it? How much does a durable power of attorney cost?
This is a legal document, which allows each of us to determine in advance who will handle our needs, when we will not be able to do so for any reason. In the document, we determine the conditions under which the power of attorney will take effect, we determine the identity of the proxy, what decisions he will make on our behalf, whether he will handle all or part of our affairs. It is also possible to name a number of different power beauties, with each having their own areas of responsibility. This means that unlike the appointment of a guardian, drafting an durable power of attorney leaves us with discretion and allows to decide every detail on this issue. Two other significant differences can be pointed out: First, the appointment of a guardian requires an application to the court and this is a procedure that is often delayed due to disagreements between relatives. This is in contrast to an durable power of attorney which does not involve the intervention of a court of law. Second, when drafting an durable power of attorney we can determine that the power of attorney will be exempt from supervision and submission of reports to the Custodian General, which is mandatory in the guardianship procedure and usually constitutes a burden on the guardian.
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the great importance of a durable power of attorney and its many advantages over the appointment of a guardian. Now the question is to whom do we turn if we want to edit such a document. Well, due to its wide significance, the legislature has determined that this document will be prepared by a lawyer and moreover, by a lawyer who has been specially trained for this. The role of the lawyer is to first make sure that the power of attorney understands the importance and significance of this document. Second, that he has chosen as the proxy the most suitable person and that he is complete with this decision. The lawyer will then refer to the wording of the document, adhering to the instructions given by the power of attorney, regarding the effective date of the power of attorney, issues regarding which the power of attorney can make decisions on his behalf, as well as how to make decisions, alternate power of attorney, revocation of power of attorney and more.
In Conclusion
Lasting power of attorney through an experienced family lawyer
A lasting power of attorney requires a thorough understanding of the relevant legal system in order to be successful. At Mor & Co., a law firm, we provide professional legal service for continuing powers of attorney. We strongly recommend that you consult a lawyer specializing in family and guardianship matters in order to make the right decision for you.
Mor & Co.’s family law department has extensive experience in this area of law. Our practice focuses on handling complex family and guardianship cases, as well as representing clients in court and litigating cases.
The strength of our firm comes from our experience in dealing with matters related to continuing powers of attorney. We will work hard to make our expertise available to our clients while maintaining and being careful in all matters relating to the legal process and defending the interests of the appointor.
For legal advice (without obligation) in matters related to lasting power of attorney, we invite you to contact us at 02-595-3322 or on WhatsApp at 050-811-618
