Continuous Power of Attorney
Continuous Power of Attorney is a legal document according to which an adult can appoint someone to attend his needs or affairs if he becomes unable to deal with matters himself.
In 2016 the Guardianship and Legal Capacity Act (חוק הכשרות המשפטית והאפוטרופסות) was amended to enable anyone (and not only those incapacitated) to appoint someone to attend his affairs when he is no longer able to.
What is a Continuous Power of Attorney?
A Continuous Power of Attorney is a document whereby a person appoints someone to manage his affairs whether they be personal, medical or financial.
In this document, the individual gives instructions to which the appointee must abide. The Continuous Power of Attorney must be signed by both in the presence of a lawyer (or a doctor, as the case may require).
The individual who wishes to appoint a person to attend to his affairs when he is disabled, may also appoint a second person to replace the first if necessary. Alternatively, he may appoint a number of persons (for example children) to take charge of different issues.
The Continuous Power of Attorney contains instructions regarding the appointees and specifying such matters as whether they act individually or in collaboration, the responsibilities given to each appointee, and the mechanism of decision making when the appointees are in disagreement.
Different Kinds of Continuous Powers of Attorney
A Continuous Power of Attorney for the purpose of personal matters includes: housing, daily assistance in health, physical, mental, social and medical needs.
This Continuous Power of Attorney is only for the purpose of medical issues and can be signed by a lawyer or a doctor/ nurse/ social worker/ psychologist.
Matters concerning Properties
This Continuous Power of Attorney is for the sole purpose of decision making with regards to all kinds of property including financial. The person who is appointed for a Continuous Power of Attorney becomes responsible for making decisions on behalf of the person who becomes disabled, taking into account prior instructions as to his wishes. Among the instructions are the names of those who should be informed and updated. A “General Guardian” – (האפוטרופוס הכללי) can also be appointed to supervise the actions of the appointee.
Editing the Continuous Power of Attorney
The Continuous Power of Attorney should be signed by the individual in the presence a lawyer, licensed by the Israel Bar Association, for the purpose of such documents. I am a certified lawyer for the Continuous Power of Attorney.
Should the Continuous Power of Attorney be for only medical issues, it can then be signed by a medical professional such as a doctor/nurse/ psychologist or social worker.