Looking ahead, acting now before it is too late. Most of us prefer to put off the thought of changes in health and mental state and death in people dear to our hearts – including ourselves. But this is what two legal documents deal with: firstly, the enduring power of attorney (ייפוי כוח מתמשך) and secondly, the will (צוואה).
While you are still competent you can sign an enduring power of attorney. This power of attorney will come into effect when you lose your ability to make decisions in his matter. This move protects the individual and preserves their autonomy as much as possible. An enduring power of attorney will only be activated when the appointor loses their ability to act competently, then the appointed people usually trusted family members will act according to instructions given in advance. The law includes a system of checks and balances, designed to put the person and his dignity at the centre.
A will is the legal means by which an owner of property can distribute their assets after death. The will in Israeli law allows us almost total autonomy in inheritance planning. It is best in writing and in clear and precise language, it is witnessed and then registered.
Both the enduring power of attorney and the will are instruments that bypass bureaucracy and unnecessary interference by the state in your very personal matters. You make a will and an enduring power of attorney with the knowledge that things will be a lot easier for you and your loved ones when they need to help you and when you are gone.
Law in Israel
שאול דיוויס עו"ד