When a person can no longer manage their own affairs, someone has to make decisions for them: pay bills, handle the bank account, decide where they live or what medical treatment they receive. In Israel there are two main ways to do this: a continuing power of attorney that the person prepared in advance, or a guardian appointed by the court. The difference between them is bigger than it seems.
Who chooses the decision-maker?
With a continuing power of attorney, the person chooses in advance who will act on their behalf, in which areas and according to which instructions. With guardianship, the court appoints the guardian after an application, a medical opinion and sometimes a social worker’s report. The court considers the person’s wishes and the family’s position, but the final decision is the court’s.
Supervision and bureaucracy
A guardian acts under the supervision of the Administrator General. He is usually required to file reports, and certain actions, such as selling an apartment, require prior court approval. A continuing power of attorney is based on trust: as a rule there is no ongoing supervision by the Administrator General, and the grantor can set his own control mechanisms, such as an informed person who receives reports.
How long does it take?
A continuing power of attorney is prepared while the person is still competent and deposited in advance with the Administrator General. When the time comes, the attorney files a notice that it has come into force, without court proceedings. Appointing a guardian, by contrast, starts only after the problem already exists, and may take time, precisely when the family needs to act quickly.
Are there other alternatives?
- Advance directives for appointing a guardian: a person can state in advance whom they would want the court to appoint as guardian, if needed.
- Decision-making supporter: the court can appoint someone to help the person make decisions, without making them in their place.
- Medical-only power of attorney: a narrower document, discussed in our article on the medical continuing power of attorney.
So which is better?
For most people, a continuing power of attorney gives more control and less court involvement. But it requires trust in the attorney and is not always suitable, for example when there is a serious family conflict or no suitable person to appoint. In such cases it is worth reviewing the alternatives with a lawyer. If you have decided to prepare one, read also how to choose an 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.