THE ENDURING POWER OF ATTORNEY - EPA
Another explanatory article in the series.
The Enduring Power of Attorney in English law was created under the Mental Capacity Act 2005 and came into effect on the 1st October 2007. In Israel, we were later off the mark as it was only in 2016 that an amendment was made to the Capacity and Guardianship Law 1962, which instituted the idea.
The way British law implemented its form of EPA was somewhat different from Israel: in the UK, there is no supervision of the process (and it costs £82.00!). in Israel the Ministry of Justice is involved in the entire process...but it is free !
What Exactly is an Enduring Power of Attorney?
The idea of a Enduring Power of Attorney is to provide every person the freedom to easily choose his or her fate now for the future, when he or she will be unable to make decisions for themselves concerning their health, treatment and/or property and assets.
This short explanation is intended for every adult who wishes to take responsibility for their life and to make arrangements for dealing with property or his/her body for a time when their medical, mental or other capacity does not allow them to make decisions for themselves. Such a condition would have to be declared by a medical professional.
Prior to the implementation of this system it was necessary to apply to court to obtain an order administering the assets of persons incapable of managing their affairs. This was not only an expensive and complicated procedure but also one which was liable to result in conflicts and added stress within a family.
Which matters can be fixed in an EPA?
Property: When a person becomes in need of nursing and wishes to go into a protected home, a senior citizens facility, or to remain at home, how he/she is to be financed, how should their money be invested and how should their needs be paid for.
Medical matters: If an individual needs to go through a medical procedure, how it should be carried out in practice.
Personal matters: When a person becomes in need of nursing, what form of treatment is required? Personal assistant or protected accommodation?
Can an EPA give instructions as to artificial extension of life?
Subject to the provisions of the law in respect to persons about to die, a person is entitled to give instructions concerning extension of their life artificially in the framework of a form which will be attached to the EPA at the relevant time to have it activated.
Who can be appointed as the person responsible for implementing the EPA?
Any person who is over the age of 18, lawyer, friend or family member and who is not "restricted" under the Execution of judgments Law.
What’s the difference between an EPA and a Will?
The EPA is relevant only when a person is actually alive, but who has lost, for various reasons, their ability to make decisions. A will deals with a person’s property following death.
Who is entitled to prepare an EPA?
Only a lawyer who is authorized by the Administrator General of the Ministry  of Justice, is authorized to prepare  an EPA
Where can the EPA be made?
The EPA should be made at a  meeting in a lawyer’s office or in the client's home in accordance with personal requirements.
Who am I ?
My name is John de Frece and I have been a solicitor in England since 1974, Advocate in Israel since 1980, a Notary since 1999 and a lawyer authorized to prepare EPAs  since 2018. Today my office deals with elder law - EPAs, wills and estates, (both in Israel and the UK), spousal agreements, domestic disputes and conveyancing.
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For more information contact:
John de Frece 44 Begin Road, Tel Aviv 6618360, Tel :050 833 4307Â jdfadv@actcom.co.il
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