At some point in life family members will be unable to make day to day decisions, whether related to property matters or medical issues. How can we prepare ourselves for this?
Guardianship
A person who can no longer mentally function, forgets things, may be easily persuaded to make a decision or may easily part from assets which later he may regret should be thought of as legally incapacitated. The remedy is to have a legal document in place which would enable someone else to make decisions on behalf of that person. In legal terms we can ask the court to appoint a legal guardian.
A legal guardian can take control of the body or property of the person or both. In order to be appointed a petition needs to be made to the nearest Family Law Court. The petition should explain to the court the reason the appointment is necessary and should be supported by an opinion from the local social worker and a special certificate from the family Doctor. The court will then ask the a social worker from the municipality to send a report summarizing the persons condition. The report will include a recommendation as to if in their professional opinion the appointment of a legal guardian is necessary.
Once the petition is received the court will give its decision. Guardians over property are obligated by law to file an annual report showing what was done with funds belonging to the person, whether invested or spent. Many people decide that instead of having guardianship over the persons body and property, they will be guardian of the body alone and become power of attorneys on their bank account. This prevents the necessity of filing annual reports, whilst allowing direct access to funds and property.
The appointment of a guardian can be a long, frustrating process. As with all matters in Israel, a little nudge (protest) in the right place can make all the difference!!
A will
Another important step is to make a will . A will is a document that prescribes division of assets upon death. Absence of a will may lead to the division of the estate in a different manner to that wanted by the deceased. Upon request a will in Israel may be drafted in order to conform to Halacha. It is suffice for this article to state the purpose of the will. It is beyond the scope of this article to expand on the intricacies of making a will.
Medical Treatment
Imagine this situation: A loved one suddenly has a stroke and is in a coma. In addition to all the emotional stress, there is also another concern- medical treatment. How do the Dr’s know how to treat the patient? In life threatening situations the Dr’s can undertake procedures to save the person life but once stable what happens?
Either you are advised to run as fast as possible and request the court to appoint you as guardian or there are two forms you may fill out ahead of time ensuring the wishes of the patient are followed. The first form is a power of attorney drafted in accordance to section 16 of the Patients Rights Act, the second is a form in accordance with the Terminally Ill Patient Act.
Option 1: Enduring Power of Attorney
This is a new document in Israel and allows one to instruct a power of attorney of how to run day to day life for an individual who has lost his capacity to make decisions. A separate article appears on the website detailing it a little more.
Option 2: Terminally Ill Patients
In some cases, the above general power of attorney may be too general . In such a case a form in accordance to the terminally ill act maybe filled out . This form is much more specific and requires the person to tick boxes of specific procedures which he may or may not wish the Dr to perform. It goes into a lot more detail than the power of attorney. In addition, a Dr must fill out some of the form. The form itself must be signed before two witnesses and then sent to the relevant department in the health ministry who then registers the form on their database.
Simon specializes in the drafting of the above docments in accordance to the legal requirement. Please email simon@seitzlaw.net to make an appointment or to ask any questions relating to the article.