Enduring Power of Attorney in the Shadow of the Coronavirus
In these days when the world is facing health and economic danger, it is necessary to take safety measures in times of crisis. Today, there are many people in the risk group who may be more sensitive to the effects of environmental pollutants – chronically ill patients, patients with underlying diseases (such as asthma and diabetes), and the elderly (at the end of 2018, the population of senior citizens in Israel numbered about 1 million and 56 thousand people).
A durable power of attorney, as opposed to a specific power of attorney, is a legal document that allows any adult (over the age of 18), who understands the meaning of the power of attorney and its consequences, to determine how and by whom his affairs will be handled in the future on an ongoing basis if he reaches a point where he is no longer capable of caring for himself and making decisions for himself. The durable power of attorney will only come into effect when the “appointee” is no longer capable of understanding and making decisions.
A lasting power of attorney will be prepared in accordance with the provisions ofLegal Capacity and Guardianship Regulations (Enduring Power of Attorney, Advance Directives for the Guardian and Expression of Will), 2017. The appointer and the proxy must sign a special form designed for this purpose before a lawyer who has been trained by the General Guardian, authorizing him to sign a continuing power of attorney, provided that he has no personal interest in the power of attorney. The proxy must confirm on the form that he understands everything that is imposed on him as a result of the power of attorney, and at the same time, the lawyer must confirm that he was impressed that the appointer made the power of attorney with free consent, voluntarily and in good faith. There is a possibility of making a ““Medical Enduring Power of Attorney” In it, the power of attorney is granted authority only to manage the health affairs of the appointer. To this end, the power of attorney can be signed before a lawyer, or at the same time before a professional in the therapeutic field (a licensed physician, psychologist, social worker or certified nurse). After it is drawn up and signed, the enduring power of attorney must be deposited with the general guardian.
In a continuing power of attorney, the appointer can determine in advance instructions for the proxy on how he should act and what decisions to make. Furthermore, it is also possible to leave the discretion to the proxy in making the decision.
A lasting power of attorney can include a wide range of issues from all aspects of life, from personal decisions that include the person’s well-being, daily needs, and physical and mental health, to making business decisions, all or some of them.
Enduring Power of Attorney for Medical Care– This type of power of attorney will be granted when the grantor has legal capacity, is lucid, and, as mentioned, understands the meaning of the power of attorney. Within the framework of this power of attorney, the grantor will have the authority to agree or refuse on behalf of the grantor regarding receiving certain medical treatment, including treatment intended to prolong the grantor’s life “artificially” (resuscitation, artificial nutrition, etc.).
Not only that, but the power of attorney authorizes the principal in all matters relating to psychiatric examinations and treatments, unless the principal specified otherwise in the power of attorney documents.
In the shadow of the coronavirus, there are a large number of people who may be in a condition defined as “terminally ill” and have several choices with different degrees of weight to choose from when granting the power of attorney, for example: the power of attorney can make any decision regarding the treatment or non-treatment of the appointee, alternatively, a choice can be determined only regarding life-prolonging treatment, or a “database” of choices can be determined that details which medical treatments to avoid and which not to avoid.
Enduring Power of Attorney in Property Matters– Handling all of the principal’s finances, property, assets and financial obligations, all or part of them. The principal, as in handling health matters and property matters, on the one hand, can leave the power of attorney with discretion in making decisions and on the other hand, is entitled to establish preliminary guidelines in which he will specify in concrete terms the rules according to which the power of attorney will act in making future decisions on various issues.
In light of the complexity of the situation in the world and the issue of enduring power of attorney, there is a need for great professional expertise while listening to the current and future desires and needs of each person.
