Expressing your wishes as to what should be done with yourself or with your under aged children in the event that you become incapacitated or pass away is a difficult subject to consider. Yet preparing for this eventuality could save uncertainty, sorrow, family disputes and injustice.
The Case of the Stresa-Metatron Cable Car Disaster
On 23 May 2021, an Israeli family was among 14 dead passengers in a cable car accident at the Stresa-Metatron Lake in Italy. The only survivor was five year old Eitan who was saved thanks to his father's last hug, a hug that blocked the impact of the crash. But the family’s tragedy did not end there.
While doctors fought for the life of the family’s sole survivor, the legal drama had just begun.
The Legal Battle over the Child's Custody
After the child was released from hospital, the Italian court decided to nominate the child's aunt as his legal guardian. Meanwhile the child was delivered by his grandfather to Israel in a private plane. The aunt reported that the child was kidnapped under the Child Abduction Section of the 1980 Hague Convention.
A long high-profile legal journey ended with an Israeli court’s decision stating that the child must be returned to his aunt in Italy.
An aunt and a grandfather argued about what would be in this child's best interests. We will never know what the parents’ wishes were regarding their son's future guardian.
Parenting and Future Guardian Preplan
The above extreme case demonstrates the needed attention for such complicated issues. Below is another true story with a few changes made to protect the subject’s identity.
Facts: Ann is a single mother, with a 7 year old and a 3 year old daughter. Ann wants to preplan who will be the future guardian for her daughters in the case of incompetency or death.
Or in Ann's words: 'Yotam, in such a case, my mother is not an option!!!'
She continued and with great determination asked for a last will and a Durable Power of Attorney to be drawn up.
However neither of the requested documents are the right solution in this case!!!
Statement and Expression of Wishes
The following document allows you to express your wishes regarding your child’s future guardian (either natural or legal) if needed, G-d forbid.
Unlike a will, which arranges after death matters. this document also covers the event of incompetency.
Estate planning & Durable Power of Attorney
We should distinguish between 3 periods of time: the ability to make decisions, the inability to make decisions and a last will, referring to after death arrangements.
Expressing your wishes as to what shall be done with you or with your under aged children in the event that you are deemed incompetent, is usually a matter for a Durable Power of Attorney, but not in every case.
Planning in advance for such an eventuality can be considered a part of a person's responsibility for caring for the future.
Durable power of attorney in Israel
Please notice that ongoing power of attorney Israel might be completely different from other foreign legal arrangements you knew.
For instance, Israeli durable power of attorney cannot arrange after death matters. Not every Israeli lawyer is certified by the Administrator General to prepare an ongoing power of attorney.
A Durable Power of Attorney is a preplanning life arrangement should one ever be in a situation where one is unable to make rational decisions.
It does not deal with matters during times when a person is fully competent, nor does it deal with ‘after death' matters.
A Durable Power of Attorney refers to a mentally healthy person’s wishes to activate such a document upon a medical determination of one’s mental incompetency.
What do I have to do before coming to the meeting
The applicable arrangement depends on what your wishes are. That’s why we recommend that you write a short summary expressing the essential details.
It will help your lawyers to find the closest legal arrangement that would fulfil your expressed wishes.
Write it clearly and simply
For instance, write: 'It is my wish that my elder daughter Jane, will have the power to make medical decisions regarding my health if I am declared mentally incapable.'
'I want to be assured that the alternative guardian of my young son will be his elder sister Deborah.'
Come with your story and not with solutions
In many cases clients asks for a legal arrangement that is not appropriate for their situation.
Here is an example: a few months ago, I got a call from a client whose mother was convinced she needs an immediate Durable Power of Attorney'.
After a short discussion with the lady, it became clear that her only fear is from dealing with state and banking bureaucracy, a duty that was conducted by her beloved husband who passed away. At this stage as a healthy person – a Durable power of attorney is inapplicable.
Instead, I have suggested a much more suitable, easier, and cheaper legal solution- Supported Decision Making (SDM). A uniqe arrangement made for peoplo who can make decision with assistance.
Read more about Supported Decision Making in Israel
Our experience is at your service
We are here, experienced in Personal preplan legal arrangements, licenced and certified to prepare an ongoing power of attorney in Israel and willing to support your decision throughout the whole procedure.
Call us now: 972-54-612-8484
