An enduring power of attorney is one of the most important legal tools that has come into effect in recent years, allowing any person to determine in advance how their personal, medical and property-related affairs will be conducted in the event that they are unable to make decisions on their own.
This is a relatively new arrangement that has replaced the need for guardianship appointments and gives a person complete control over their future.
Guidance from a qualified attorney for drafting an enduring power of attorney ensures that the document is drafted correctly, legally, and clearly, so that it fully reflects the principal’s wishes.

What is an enduring power of attorney and why is it so important?

An enduring power of attorney is a legal document that allows any competent person to appoint another person (called an “attorney-in-fact”) to make decisions on their behalf in the future, should they be unable to do so themselves. The uniqueness of this tool is that it allows a person to plan their future in advance – to decide who will handle their affairs, how their money will be managed, and what instructions will be given to medical teams in situations of incompetence.

In the past, in such situations, it was necessary to appoint a guardian through the court – a long and complex process.
Today, an enduring power of attorney allows for free, independent, and private choice – without judicial intervention, as long as it is duly prepared by an attorney authorized by the Public Guardian.

The advantages of an enduring power of attorney over guardianship

Unlike the appointment of a guardian, where decisions are made by a third party or the court, an enduring power of attorney gives complete control to the person themselves. Among the main advantages:

• Maintaining independence – the person decides in advance who will manage their affairs and in what areas.
• Preventing family disputes – clear instructions minimize misunderstandings and future disputes.
• Saving time and expenses – there is no need for legal proceedings to appoint a guardian.
• Flexibility – it is possible to set precise conditions and instructions for each area, including health, housing, and financial management.

An enduring power of attorney is primarily intended to preserve a person’s dignity and wishes, even when they are unable to express them.

The three areas of an enduring power of attorney

The law allows for setting instructions in three main areas:

• Personal matters – making decisions about place of residence, daily life, personal care, and welfare.
• Medical matters – making decisions regarding medical treatments, hospitalizations, and health directives.
• Property-related matters – managing bank accounts, investments, payments, and holding assets.

It is possible to choose one attorney-in-fact for all areas, or to separate them – for example, one person for medical matters and another for property management.
It is important to choose reliable people with good judgment and the ability to manage affairs responsibly.

How to prepare an enduring power of attorney – step by step

Preparing an enduring power of attorney is done only through an attorney who has undergone special certification from the Public Guardian.
The process includes several main stages:

• Consultation and explanation meeting – in which the principal’s needs, desired areas of decisions, and the identity of the attorneys-in-fact are examined.
• Drafting the legal document – the attorney drafts the power of attorney according to the provisions of the law and the personal wishes of the principal.
• Signing and explanation – the principal signs the document before the attorney, after their rights and the implications of the document have been explained to them.
• Deposit with the Public Guardian – the document is submitted online and stored until the date it comes into effect.

Once the power of attorney is deposited, it is valid only when the principal loses their capacity, and only according to the conditions set forth in it.

Who can serve as an attorney-in-fact?

Any person over the age of 18, who is not restricted or bankrupt, can serve as an attorney-in-fact – as long as they agree to it.
It is advisable to choose a person whom the principal trusts completely, who has good decision-making ability, and who is familiar with their lifestyle and wishes.
It is possible to appoint more than one attorney-in-fact and to set instructions regarding how decisions are made between them – together or separately.
In some cases, it is also possible to appoint a substitute attorney-in-fact, in case the primary attorney is unable to fulfill their role in the future.

When does an enduring power of attorney come into effect?

An enduring power of attorney does not come into effect immediately upon signing.
It is activated only when the conditions set forth in the document are met – usually when a doctor or authorized entity determines that the principal is no longer competent to make decisions regarding their affairs.
Once the power of attorney is activated, the attorney-in-fact is authorized to act according to the instructions set in advance, in accordance with the areas defined.
Even after it comes into effect, the attorney-in-fact’s actions can be monitored, and the Public Guardian is authorized to examine the management of affairs to prevent exploitation or harm.

Cancellation or modification of an enduring power of attorney

As long as the principal is competent and able to understand the meaning of their actions, they are entitled to cancel or modify the enduring power of attorney at any time.
The change is made through a qualified attorney and through the Public Guardian’s deposit system.
Cancellation of the document can also be done by written notice, as long as the power of attorney has not yet come into effect.
This is an important flexibility that allows the document to be adapted to changes in personal life, health status, or the relationship with the attorneys-in-fact.

Common mistakes to avoid

When preparing an enduring power of attorney, people sometimes tend to:

• Choose an attorney-in-fact who is not suitable or with whom there is no close relationship.
• Leave instructions that are too general and unclear.
• Fail to update the document when circumstances change.

Professional legal guidance prevents these errors and ensures that the power of attorney is prepared in a valid and clear manner, so that no dispute arises in the future.

Summary – Legal planning that provides peace of mind

An enduring power of attorney is an important legal tool that provides security, control, and peace of mind – both to the person themselves and to their family members.
Through proper planning and professional legal guidance, it can be ensured that all future decisions are made in accordance with personal wishes, while preserving human dignity and independence.
This is a small but significant document that can make a big difference when needed – and ensure that the choices of the person themselves continue to guide their life.

The above is general information only and does not constitute legal advice.