When 79-year-old Sarah's children once suggested that she sign a durable power of attorney, she responded with a dismissive response, "I'm still young and my head works fine..." Signing a document that would give her children the authority to decide for her in the event that she could no longer do so seemed unnecessary and even threatening to her.
But it turns out that no one is immune. One day, Sarah fell at home. Miraculously, she managed to call her children before collapsing and being rushed to the hospital. It turned out that she had suffered a stroke that left her only partially conscious, having difficulty communicating and making decisions for herself. The children who did not leave her bed had to deal not only with concerns about her health but also with a complicated bureaucratic maze. They did not have a durable power of attorney and there was no clear instruction as to who was authorized to act on her behalf.
In the period that followed, for almost every action they wanted to take on her behalf, such as paying bills, renewing benefits, obtaining medical information, or making basic decisions about her care, the children were required to go to court and request the appointment of a guardian. The forms, the hearings, the waiting, all of this took months. In the meantime, every simple action became a struggle: the bank refused to cooperate, the provident funds were frozen, and the medical system demanded approvals that did not exist.
“We didn’t fight,” the daughter says, “but we were exhausted. Instead of being with our mother, we found ourselves running between offices, lawyers, and clerks.” Only in retrospect did they realize how much earlier signing of a durable power of attorney could have saved suffering, time, and money, and most importantly, allowed them to act exactly according to their mother’s wishes, without struggles or legal proceedings.
Sarah's story is not an exception. It is a painful reminder that a durable power of attorney is not a document for a distant day, but a responsible decision made in time, for the person themselves, and for their loved ones.
A durable power of attorney is designed for exactly this purpose, and is now provided with free legal advice and support at Yad Sara's legal advice department. The department provides free legal advice to senior citizens and those in need, and, among other things, assists in drafting durable power of attorney documents, with the assistance of volunteer lawyers who have undergone special training on behalf of the General Guardian.
What is a durable power of attorney?
In 2016, the Legal Capacity and Guardianship Law was amended, and a new legal tool came into effect: a durable power of attorney. The idea is simple: any competent person can decide in advance who will manage their affairs in the future if, God forbid, they are unable to do so themselves, due to illness or cognitive decline. This is a solution that replaces, in many cases, the appointment of a guardian and allows a person full control over the important decisions in their life.
What topics are we talking about?
A durable power of attorney can include decisions in three key areas:
- Medical – making medical decisions with medical teams
- Personal – for example, whether to stay at home or move to another setting
- My property – managing finances, accounts and property
The document is executed by a qualified lawyer, who ensures that everything is done legally, out of free will and without pressure or exploitation. The document is deposited with the General Guardian, and only becomes effective when it is determined that the person is no longer capable of understanding and making decisions for themselves.
Who is it for?
For every clear-headed, capable, and understanding person who wants to ensure that in the future, too, his affairs will be conducted exactly as he would like.
At Yad Sara, they don't settle for paperwork. Many of the applicants are older people, sometimes lonely or in a difficult financial situation, who are afraid of the future. The advice includes listening, understanding the family background, assistance in choosing the right people and defining their roles, with a humane and respectful approach.
One of the cases handled by the department was that of a woman in her 80s who immigrated to Israel with two of her children, a daughter and a son on the autistic spectrum. The daughter was afraid to take on the responsibility of managing her mother's property alone and requested that the burden be divided among the other siblings who remained abroad. The department's lawyer contacted the siblings, explained the procedures and the various options, and ultimately they divided the responsibility for each of the issues (property, body, and personal) between them in a way that would make it easier for them in the future.
the writer Attorney Rachel Falk – Volunteer in the Legal Counseling Department at Yad Sara in Jerusalem.
In the Yad Sara Legal Advice and Assistance Department, lawyers donate their time and skills and volunteer to provide free legal advice and assistance to the elderly, the sick, and the disabled. The department has branches throughout the country, including Haifa and Kiryat Ata.
Contact details for the Yad Sara Association
To the Yad Sarah website 👉🏽
Phone Information and Service Center 64444*