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Preliminary Instructions for an Enduring Power of Attorney

Updated: Mar 17, 2021

As mentioned in my previous article about Enduring Power of Attorney’s (EPA), Israeli law has recently changed the way it deals with the elderly and incapacitated by empowering them with a legal option that enables them to decide how they would like their medical and personal affairs to be handled once they cannot do so themselves. New legislation was recently implemented-amendment no. 18 to the Legal Capacity and Guardianship Law 5722-1962, which regulates the creation and the use of an Enduring Power of Attorney (EPA).

The EPA allows a competent person (the Appointer) to appoint another person (the Appointee) to attend to their personal and/or medical and/or property matters while the Appointer is alive but is no longer in a position to do so himself. This is in order to grant the Appointer full independence to choose their own future course of care of their personal matters/financial matters and/or health affairs and giving these instructions to be attended to by an Appointee of their choice which is usually a close friend or a family member.

In addition to an Appointee, the Appointer can also prepare Preliminary Instructions on how he/she wishes for various issues to be handled by the Appointee.

It is important to discuss these instructions in advance with the Appointee and to make sure he/she understands their full implications.

Examples for Preliminary Instructions include:

  1. Deciding how many Appointees’ would be in charge for each matter, and how would decisions be decided between them.

  2. If there are any assets being rented, is there a stage you wish for them to be sold.

  3. Is there a family member you support financially or otherwise that you would like to have continued, and is it for an indefinite period.

  4. Would you prefer to continue living at home with assistance or would you rather move into an old ages home, and if the latter, is there a specific home in mind.

  5. Specify any gifts to family or otherwise you would like to continue giving – to whom and how much.

An EPA is an effective tool with which you can plan your future and use, when you are no longer able to make decisions on your own. This will enable you to continue to live your life in the same manner as you have done up until now.

This tool is no less important than a will, and should be considered seriously when thinking about planning ahead.

The content of this article is intended to provide a general guide to the subject matter and is not a substitute for legal consultation. Specific legal advice should be sought in accordance with the particular circumstances.

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