Continuous Power of Attorney – Information from Israeli Lawyer
A Continuous Power of Attorney is a legal document in Israel which enables an adult (someone who is 18 or older) to determine who should care for them in the future and how. This power of attorney applies in a future time wherein said person will be unable to take care of themselves.
The Appointer and the Empowered
The person granting the POA (the “Appointer”) can use it to empower a person or several people. Those Empowered by the Power of Attorney will be in charge of taking care of the Appointer’s well-being. They will be able to make decisions on the Appointer’s behalf, once the Appointer is himself incapacitated.
The continuous or Enduring Power of Attorney takes effect only after the Appointer’s mental capacity is harmed to the point of being unable to make decisions. The Empowered persons will be responsible to make the best decisions for the Appointer in accordance to his will and wishes.
How the Appointer’s Wishes are Implemented
This legal arrangement is very important for the Appointer and the Empowered. The POA gives Appointer opportunity to express their wishes and make their will known in advance. The power of attorney allows the Appointer to determine how they would like to live their life, even at the time when they are unable to decide for themselves.
In addition, the Appointer is able to guide the Empowered (who are often their family members), as to how they should care for them. The POA allows the Appointer to inform of their future needs and wishes in advance.
The relatives of a person whose mental capacity is harmed are often genuinely unaware of their preferences and needs, since this issue was never discussed or neglected.
Therefore, the Continuous Power of Attorney is also extremely important for the Empowered, The POA allows them to understand the full needs of the Appointer and how these needs should be attended.
Scope of Responsibilities Granted to the Empowered
Using the Continuous Power of Attorney arrangement allows the Appointer to put the Empowered in charge of their personal, financial and medical matters. It is up to the Appointer to decide what exact responsibilities to grant the Empowered with and how.
The Continuous Power of Attorney arrangement allows the Appointer to assign people to whom the Empowered must report. These persons are known as Inspectors, and they are in charge of preventing the Empowered from abusing their position.
Unlike a regular Power of Attorney, a continuous POA is not void when the Appointer is mentally incapacitated.
Documents Necessary for the Preparation of a Continuous Power of Attorney by an Israeli Lawyer
In order to sign the Continuous Power of Attorney form it is necessary to provide the authorized Israeli lawyer responsible for the preparation of the Continuous POA with the following documents and information:
- The Appointer must be present at the signing and they should bring their ID card.
- The Empowered does not have to be present at the signing, but in any case we think it is better if they / he / she come to the singing and bring an ID card (in case a couple of people will be empowered this will apply to all of them). In any case, it is important to bring a copy of the Empowered ID card.
- Same demands in item 2 apply for the Inspector.
- If the Appointer would like to assign the Empowered to be in charge of psychiatric matters, then the Annex A of the form will to be signed before a psychiatrist, and the psychiatrist will need to sign this form as well.
- A letter from a doctor confirming that the Appointer is currently at a state wherein the Appointer is of sound mind and capable of signing the Continuous Power of Attorney.
Contact an Israeli attorney in Jerusalem or Petakh Tikva
The law office of Cohen, Decker, Pex, Brosh, helps its clients draft and translate a number of legal documents. If you need help arranging a durable POA, or other estate related concerns, we will be happy to help. If you need help writing or translating your will, arrange a consultation with a lawyer in Petah Tikva or Jerusalem.