How can you protect your finances, lifestyle and health care choices if you happen to become incapacitated and are unable to make these decisions for yourself? There are a number of valuable guardianship tools in Israel designed to help you live a full life with dignity and peace of mind. At Hait Family Law we will guide you through your different options, explain the advantages of each and help prepare you for the future. Download our free E-book called Aging with Dignity for more detailed information about the Guardianship Tools available.
Here we’ve answered some Frequently Asked Questions to help you begin gathering the information you’ll need to make an informed decision about your future.
Please don’t hesitate to contact us if you have any questions.
The Continuing Power of Attorney enables you to make determinations now, about future medical treatments, eldercare lifestyle and the way in which your money will be handled in the event you are incapacitated in the future. To ensure the correct preparation of this empowering document it’s essential to have an attorney who understands all its legal implications.
As you plan for the third stage of life it’s important to consider that your mental capacity may be diminished at a time when you are required to make important decisions. A Decision Support Advocate is someone you have chosen, a child or a spouse for example, who knows your values and wishes and is there to assist you with decision making regarding health care, finances and lifestyle choices.
There could come a time in the future when your ability to make decisions is compromised and if your family has unresolved disagreements amongst themselves as to your medical treatments or how to spend your money, it may require a legal resolution in court, by the appointment of a General Guardian. If a question of bias or conflict of interest arises by suggesting a friend or alternate family member become the general guardian, the court will choose a 3rd party. This is someone unknown to you who you will have to pay to make decisions regarding your personal care and money. We can help you alleviate the need for a general guardian by working with you to create a Continuing Power of Attorney.
It sometimes occurs that a grown child or even a spouse feels the elderly parent (or spouse) is no longer able to make decisions for themselves regarding their physical care or personal finances. In this case, they can make an application to the court to be appointed as the guardian in a physical or financial capacity, or both. The court may decide based on official medical reports or schedule a hearing. If two different people want guardianship over the same person the court may appoint a third party, unknown to the family, to avoid a conflict of interest. We advise all our clients to have us prepare a Continuing Power of Attorney to enable them to decide while they are mentally able, who will be their guardian if they lose their faculties in the future.
The Advanced Health Directive and Financial Power of Attorney that you had drawn up in your home country before you made Aliyah, is unfortunately not valid here in Israel. The only legal document regarding your choices for decision making on your behalf (if/when you are no longer able to decide for yourself) is the Israel Continuing Power of Attorney. This can be done by an experience attorney here in Israel and will ensure that your choices will be honored.