2017 marked a significant change in the legal status relating to guardianship, upon the enactment of Amendment No. 18 of the Law of Legal Competence and Guardianship-1962. This amendment granted binding and decisive weight to a person’s wishes, provided such wish was expressed in a durable Power of Attorney or Declaration of Will Document (depending on the case) complying with the provisions of the said law.
It is important to emphasize that such documents can be prepared, signed and approved only by certified lawyers who underwent special Ministry of Justice training on all matters relating to Amendment No. 18.
Adv. Nava Peres has been certified by the Ministry of Justice to prepare and file Durable Powers of Attorney and documents of intent (for more information on “Declaration of Will Document”, visit the relevant link on our website).
An individual of legal majority (over the age of 18) may utilize a Durable Power of Attorney (prepared according to the provisions of the said law, using the proper form) to appoint one person or more to act on his behalf on all or part of his personal matters and/or property issues.
A Durable Power of Attorney will enter into force upon such time as the appointer has no comprehension of the matter, except on property issues, whereby the Power of Attorney may enter into force immediately after issuance or at another time specifically set forth by the appointer.
The Power of Attorney will not apply to certain matters set forth by law, such as matters relating to issues regarding which a person may decide by force of being a parent. There are also matters in which the appointee may make decisions on behalf of a person, as set forth in the said law, subject to court approval or where specifically authorized thereto within the power of attorney.
In addition, the law sets several restrictions relating to the identity of the person who may be appointed. For example, one may not appoint a person who provides medical care and/or residence to the appointer. In addition, the Durable Power of Attorney may specify a person to replace the appointee in the event of appointment expiration for medical reasons or reasons set forth by law.
The Durable Power of Attorney shall be deposited with the Administrator General and, once every three years and so long as the Power of Attorney was not enacted, the Administrator General will notify the appointer in order to verify that he still wishes the Durable Power of Attorney to remain in force.