Continuing Power of Attorney
Secure your future with a continuing power of attorney (CPOA)
Living in Israel, we often encounter unexpected events that highlight the necessity of planning for the future. At Hait Family Law, we understand the value of Continuing Powers of Attorney, having witnessed firsthand the challenges faced by loved ones in healthcare, finances, legal and personal affairs. The recent increase in inquiries about planning for unpredictable future events reinforces that everyone, regardless of age, should consider having a well-thought-out and legally documented Continuing Power of Attorney.
What is a Continuing Power of Attorney?
The Continuing Power of Attorney (CPA) is commonly misunderstood as equivalent to a “living will” or “advance health care directive.” While it includes these aspects, it encompasses much more. The CPA enables decision-making across various areas including health, finances, legal and personal matters.
The CPA is founded on two key principles:
- When individuals can no longer manage their affairs, they prefer trusted close ones to make decisions over a court-appointed guardian
- It is preferable to have a system in place for most decisions, without the legal complexities of court-appointed guardianship.
Why is a Continuing Power of Attorney Important?
In Israel, the traditional approach when a person could no longer manage their own affairs due to mental incapacity was to appoint a court-appointed guardian (apotropos). This guardian would make both financial and personal decisions, often requiring further court approval. This process, guided by the Israeli Law of Legal Capacity and Guardianship of 1962, is often unfriendly and may not reflect the individual’s true wishes.
However, amendments made to this law between 2016 and 2018 introduced more respectful and efficient tools for decision-making, aligning Israel with many Western countries. These include the “Continuing Power Of Attorney”, the “Decision Making Supporter”, and the “Expressed Decisions Document”.
What are the benefits of a continuing power of attorney?
A Continuous Power Of Attorney serves as a proactive planning tool, preserving your wishes and granting authority to trusted individuals when you face mental incapacity or other challenges.
By initiating a CPA, you:
- Retain the ability to make decisions while mentally sound.
- Empower trusted individuals to act on your behalf when necessary.
- Ensure your desires are honored and respected.
- Avoid the complexities and potential indignities of court-appointed guardianship.
- Provide clear guidance to your loved ones, preventing bureaucratic obstacles, legal disputes, and disagreements.
Get legal guidance
A valid Continuing Power of Attorney becomes effective when an individual is medically determined to be incapable of decision-making. This ensures your desires are executed according to your wishes, and can complement other estate planning tools like wills and estates.
Planning ahead with a Continuous Power of Attorney allows you to communicate your preferences and ensure your wishes are honored. At Hait Family Law, we are dedicated to helping you navigate this process with expertise and compassion.
Contact Hait Family Law for expert legal advice.
Considering a Continuing Power of Attorney agreement can provide peace of mind and protection for you and your spouse and relatives, no matter what the future holds. My team at Hait Family Law can guide you through creating documents that can provide peace of mind and protection for you and your family.
Contact us today to discuss how a Continuing Power of Attorney agreement can benefit you.
