Continuing Power of Attorney

The law in Israel relating to powers of attorney changed dramatically in April 2017. Until that date, the only way to appoint a guardian was by applying to the court. This was a tedious, lengthy and expensive procedure.

Furthermore, the legal validity of the power of attorney was dependent on the state of health of the person who required protection. If the person who required protection had dementia and / or was not capable of making decisions, then the power of attorney lost its validity. As well the power of attorney expired after 10 years.

The amendments to the law changed the above situation. The new version continues to ve in effect even after the person who required protection is no longer able to make decisions, or where a state of dementia is present. The new procedure involves at least three parties: The Grantor (the one granting rights to a trusted party), the Grantee (the recipient of the Grantor’s power, who is authorized to act on the Grantor's behalf), and the lawyer who witnesses the signing of the documents by the Grantor and the Grantee. It is the lawyer’s responsibility to ensure that the Grantor and Grantee are aware and understand the nature of this document before signing. The continuing power of attorney deals with matters both of health and of property. Even though the continuing power of attorney is executed on a specific date, it may not take effect until the grantor decides or alternativity is pronounced as one who can not make decisions.

The main advantages of the new Continuing Power of Attorney:

These changes are well overdue.

Harvey highly recommends that whoever has an elderly relative in Israel should look into the matter of preparing a continuing power of attorney for that relative.