A durable power of attorney is a document that empowers a trustee to act in property and body issues and make decisions in case the appointer becomes mentally incapable to make such decisions. A durable power of attorney may be given when the person is at the peak of his power and kept in force for a time when he/she becomes mentally incapable. The power of attorney is deposited at the office of the Administrator General, which is an advantage since it is valid for everyone. Up to the amendment of the law, in order to appoint a guardian for one’s person and body, one was required to approach the court – a lengthy, burdensome proceeding, which negates almost entirely all of one’s powers. In addition, when a person signs a durable power of attorney, the duty of informing is imposed on that person, namely he/she must inform someone else of having signed the power of attorney.
A durable power of attorney is signed when a person is capable of making his/her own decisions. Any deterioration of a person’s condition may result from an accident, age–related diseases (such as dementia), mental, intellectual or any other disability which might impair their judgment.
The proxy (appointee) must sign a document before an attorney to the effect that he/she would act according to the appointer’s instructions. Naturally, if the appointer requests the proxy to break the law, the proxy is unable to do so and must approach the court asking for guidance as to how to act in this situation.
As the appointment of a proxy is often accompanied with jealousy or even the incapability of a single proxy to administer all issues (this is especially true when the proxy is in charge of large-scale companies and businesses), the appointer may divide the power of attorney into several parts, such that one proxy is granted with the power over a certain area of responsibility, a second proxy is in charge with another area of responsibility, a third proxy is entrusted with a third area and so one. The appointer may also decide whether he/she wishes that the proxies should work cooperatively or separately, the scope of their respective powers and areas of responsibilities, and who shall decide in case of disagreement among them.
A durable power of attorney refers both to one’s personal and financial welfare. Thus, when making a decision as to whether a person should go to hospital, stay at home, gets medical care of any kind when being unable to function, a durable power of attorney may be drawn referring to the appointer’s medical condition only; the same is relevant to a power of attorney that applies exclusively to property issues. The appointer may decide that his/her proxy would handle all or some decisions, everything as applicable.
Our team has undergone a special training and is authorized to draw durable powers of attorney under the Legal Competency and Guardianship Law, 5722-1962.
In addition, Irit Reichman & Co. Law Office and Notary Public has vast experience in mediation and negotiation in complex family disputes. Thanks to our considerable experience, Irit Reichman & Co. Law Office and Notary Public succeeds in settling disputes by means of agreements between the parties.