Drafting an Enduring Power of Attorney in Israel
This article addresses drafting an enduring power of attorney in Israel and implementing it as well. An enduring power of attorney is a document that indicates one’s legal, personal and financial preferences for the future, and the person(s) who will make decisions on one’s behalf in the event an individual is no longer able to make their own decisions. Enduring power of attorney falls under family law in Israel, which is under the Israeli Ministry of Justice.
Drafting an Enduring Power of Attorney in Israel (and Implementing It)
First, not every lawyer in Israel is able to draft an enduring power of attorney. The first step is to contact a lawyer who has obtained the specialized training for the process.
Second, once one has found a lawyer, they should go to the lawyer, with the person being appointed power of attorney, in order to write the document, and sign it.
Third, only after this will the enduring power of attorney document be submitted to the Office of the General Guardian in Israel (subsequently referred to here as the Office). The Office will respond to the lawyer after a few weeks or months indicating the enduring power of attorney has been received.
Fourth, if and when the time arrives that the individual who made the enduring power of attorney is no longer mentally fit to make their own decisions (a situation which is indicated by a physician), then the relevant parties should be contacted to notify them that their responsibilities will soon be going into effect.
Fifth, the power of attorney will then send an affidavit with a copy of the physician’s note regarding the individual in question to the Office indicating the enduring power of attorney should go into effect.
Sixth, the Office goes through the notice, and once they approve it, the enduring power of attorney goes into effect.
At this point, the person appointed power of attorney is able to make decisions on behalf of the individual who drafted the enduring power of attorney.
This Series of Articles
This article is one in a longer series about guardianship in Israel. We also address various roles involved in the enduring power of attorney process, reasons to prepare an enduring power of attorney, what an apotropus does, a living will vs enduring power of attorney, and more.
Our law office specializes in inheritance law and guardianship issues in Israel. If you need assistance drafting an enduring power of attorney in Israel, feel free to contact us. Advocate Anat Levi would be happy to answer any questions and assist you throughout the process.