Enduring Power of Attorney

A durable power of attorney is an innovative and important legal document that allows any adult (over the age of 18) to plan for their future and determine in advance who will be authorized to handle their various affairs, if and when they are unable to handle them themselves. In a durable power of attorney document, the person (known as the "grantor") designates one or more attorneys - usually a close family member, trusted friend or other person they trust - who will be able to make decisions for them and perform actions on their behalf in various areas of life: personal and daily matters, medical matters and property and financial matters. The durable power of attorney only comes into effect in a situation where the grantor loses his or her capacity to make decisions (for example, due to a serious illness, accident, or cognitive decline resulting from dementia), and until then, the attorney has no authority to act.

Importance and benefits of a durable power of attorney: This document is of enormous importance to both the person who appoints it and to his family members. Through a durable power of attorney, a person can maintain control over his destiny even if he becomes incapacitated in the future – he determines in advance how his affairs will be managed, who will take care of his finances and property, where he will live, what medical treatment he will or will not receive, and so on. In doing so, he ensures that his wishes will be fulfilled and his personal values will be preserved, even in a state of helplessness. Furthermore, a durable power of attorney prevents the need to appoint a guardian in court: If a valid durable power of attorney is drawn up, family members will not have to resort to legal proceedings to appoint a guardian for the person, because the appointer has already taken care to appoint a power of attorney on his behalf in advance. This greatly simplifies the coping of family members during a time of crisis, saves time, resources and bureaucracy, and prevents disputes within the family regarding "who will take care of matters." In addition, unlike a guardian whose appointment is subject to close supervision by the state, the enduring power of attorney is more flexible and allows the appointer to shape the relationship between him and the proxy as he wishes, to determine specific guidelines, people who will be involved in supervision or decision-making, and more.

The legal process for arranging a durable power of attorney: Drafting a durable power of attorney requires contacting a lawyer who has undergone special training and is authorized by the General Guardian to prepare and approve durable power of attorney documents (not every lawyer is authorized to draft such a document). Attorney Ruth Zimmerman Hershko is certified to draft a durable power of attorney, and will accompany you throughout all stages of the process in a professional and sensitive manner. The process begins with a consultation session where we will explain in detail what a durable power of attorney is, what options are available to you, and what the implications of the arrangement are. After that, we will help you identify the appropriate attorney/s – these are the people you would like to appoint to handle your affairs in the future. It is important to appoint a person (or several people) in whom you have full trust and who agrees to take on the role. In the next step, Attorney Zimmerman Hershko will help you clearly and precisely formulate the instructions and instructions in the document: you can detail how you would like to be treated and your property, what decisions you do not want to be made for you, who should receive a report on what is happening, and more. When the document has been drafted to your satisfaction, a meeting will be held to sign the enduring power of attorney: the appointer signs before Adv. Zimmerman Hershko (as a notary or as a lawyer authorized to do so), and the proxy signs that he agrees to the role. After the signatures, the document is submitted to the Office of the General Guardian (online) for review, approval, and deposit. Upon approval and deposit of the enduring power of attorney with the General Guardian, it will enter "entrusted" status and await the time of need. If in the future a doctor determines that the appointer is no longer capable of making decisions in his or her own affairs, the proxy may contact the General Guardian and request to activate the enduring power of attorney. From the moment activation is approved, the proxy is authorized to act in accordance with the instructions set by the appointer.

The entire process is carried out with the utmost professionalism, discretion and sensitivity. Our office is aware that discussing these issues (such as declining function, end of life and personal matters) is very sensitive and personal. We emphasize creating a pleasant and supportive atmosphere, allowing you to ask questions and feel comfortable making informed decisions for your future. Our goal is to help you be as prepared for the future as possible, so that you can continue your daily life in the present with peace of mind, knowing that your future affairs are arranged according to your wishes.