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Writer's pictureJohn de Frece

Enduring Power of Attorney, English Documentation

Updated: Oct 12, 2020


OVERVIEW

This translation has been specifically prepared by Adv. John de Frece to enable English-speakers, with limited Hebrew, to understand the complicated and important aspects of the Law. In addition, Adv. de Frece has provided a downloadable EPOA form (click button above), which can be filled in and submitted to his office. This form will carry the same weight as the Hebrew-language form from which it was translated.

Adv. de Frece will be happy to provide any further clarification.


Excerpt: Section 32 ( t) ( b) Capacity and Guardianship Law 1962

An Enduring Power of Attorney shall expire in the event of one of the following; and notification thereof shall be delivered to the Administrator General by an empowered person on his behalf, or the Power of Attorney has not been implemented by the donor:

1) A condition by the donor that the Enduring Power of Attorney shall expire

2) The death of the donor or the empowered person

3) The conditions fixed in Section 32 c have ceased to exist

4) The empowered person was appointed as being a member of a profession in order to activate his professional qualifications and his license has been revoked

5) The empowered person has notified in writing to the donor that he is not interested in acting as an empowered person; if at that time the donor is incapacitated or does not understand the matter, the empowered person shall notify the donor’s spouse or another relative

6) The empowered person was the spouse of the donor and the marriage has been dissolved following the giving of the Power of Attorney, unless it is specifically ordered otherwise in the Power of Attorney.

7) The empowered person was the common law spouse of the donor and ceased to conduct a joint household with the intention of dissolving family life on a permanent basis. Such empowered person shall cease to act under the Power of Attorney and shall notify the donor of same; the Power of Attorney shall expire under this section on the date of delivery of a notice to the Administrator General or the donor, whichever is later.


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