A continuing power of attorney decides who will decide for you. Advance directives decide how. These are instructions you write in advance, and the attorney is bound to follow them. They can be very general or detailed, and you can also leave them out and give the attorney full discretion.
How binding are the directives?
The attorney must follow the directives unless doing so is impossible, unlawful, requires an expense the grantor cannot afford, or may cause him serious harm. Without a directive, he must try to understand what the grantor wants at that moment; if that is impossible, act according to what he knows of the grantor’s wishes and way of life, and only failing all that, according to his best interests.
Examples for property matters
- Whether the apartment may be sold, and under what conditions. See also continuing power of attorney and your apartment.
- How to manage savings and investments: low risk, through a specific advisor, or without changes.
- Whether to continue supporting a family member financially, and to what extent.
- Whether gifts may be given, for example to grandchildren at family events.
Examples for personal matters
- Where you would like to live: at home with a caregiver, with one of the children, or in a specific assisted-living facility.
- Keeping habits: kashrut, Shabbat, community ties, a pet.
- Who should keep visiting and be kept informed.
Examples for medical matters
Your position on resuscitation, ventilation, artificial nutrition and life-prolonging treatment; a preference for home care; and preferred doctors or hospitals. See our article on the medical continuing power of attorney.
Common mistakes
- Directives that are too vague, such as “act in my best interest”, which do not help resolve any real question.
- Directives that are too rigid, leaving no room for changing circumstances, such as an absolute ban on selling the apartment even when there is no money for care.
- Contradictions between documents: the power of attorney, the will and directives under the Dying Patient Law should be consistent.
Can directives be added later?
Yes. Even after deposit, advance directives can be added through the lawyer who prepared the power of attorney. A fundamental change, such as replacing the attorney, requires a new power of attorney. See cancelling or changing a continuing power of attorney.
Where do you go from here?
Every person and every family is different, so a good continuing power of attorney is built around the assets, the family relationships and the wishes of the person granting it. At Paz Israel & Co. Law Office we draft continuing powers of attorney and advance directives, and we also support families when the document comes into force. For more information see our continuing power of attorney page, or contact us to schedule a meeting.
This article provides general information, is correct as of the time of writing, and does not constitute legal advice or a substitute for reviewing your specific circumstances.