Long-term Power of Attorney: Importance and Advantages

What is a Long-term Power of Attorney?

A long-term power of attorney is an important legal document drafted and signed by a lawyer. According to this document, the person referred to in legal terminology as the “principal” independently appoints a trusted individual to make decisions on their behalf concerning personal, property, and financial matters in the event that, due to health reasons or advanced age, they are unable to do so themselves.

Advantages of a Long-term Power of Attorney

Independent Selection of a Trusted Individual

The main advantage of a long-term power of attorney is that the principal personally selects a representative to manage their affairs, unlike the guardianship process, which is carried out through the court where a guardian is appointed without considering the principal’s wishes and preferences. This occurs in cases where, at the time of such a decision, the person can no longer independently manage their affairs and take care of themselves.

Specific Instructions to the Trusted Individual

Another significant advantage of a long-term power of attorney is the ability of the principal to provide specific instructions to the trusted individual regarding the management of property and finances. For example, the principal may beforehand direct the transfer of a certain amount from their account as a wedding gift to a grandchild upon such an event, or select medical procedures they consider acceptable or unacceptable, as well as specify the preferred elderly care facility for future residence.

Conditions for Effectiveness

It is important to understand that a long-term power of attorney comes into effect only after obtaining a medical certificate confirming that the principal is incapable of making decisions independently and is legally incapacitated. At the same time, the long-term power of attorney can be revoked at any moment without issues if the principal’s health improves and they are recognized as capable again.

Procedure for Submitting a Long-term Power of Attorney

For a long-term power of attorney to come into effect at the required moment, the submission procedure must be strictly followed. It is submitted only through a lawyer directly at the office of the general guardian immediately after signing. Without the approval of the general guardian, such a power of attorney has no legal force.

Revocation of a Long-term Power of Attorney

A long-term power of attorney can be revoked at any time if the principal’s health improves and they are recognized as capable again. To revoke the power of attorney, it is necessary to notify the lawyer and relevant authorities to officially terminate the document. This process ensures flexibility and allows the principal to regain control of their affairs as soon as their health permits.

Conclusion

A long-term power of attorney in Israel provides citizens with a vital tool for ensuring control over personal, property, and financial matters in case of incapacity. It allows the principal to pre-select a trusted individual and give specific instructions, ensuring a more personalized and predictable management of their affairs and care.