The grantor may include advance directives specifying their wishes regarding future decisions. You may adopt a general approach — authorising the agent to decide at their discretion — or set out specific instructions. (Shoshi Arbib Law Office.)
What Is an Advance Directive in an LPA?
The grantor may include advance directives specifying their wishes regarding future decisions. You may adopt a general approach — authorising the agent to decide at their discretion — or set out specific instructions.
Examples of directives:
- The preferred type or identity of a caregiver
- Future residence shall remain the grantor's current home, changing only under certain circumstances
- The property may be sold or rented only under certain conditions
- Specific investment instructions for funds
Special Actions by the Agent
The law prescribes certain actions requiring express authorisation in the LPA, such as donations above certain amounts. Other significant actions require prior court approval, such as real estate transactions.
What can be specified in advance directives within a Lasting Power of Attorney?
Advance directives can specify: the preferred caregiver or identity of a carer, the desired future place of residence, conditions under which assets may be sold or rented, specific investment instructions, and stances on particular medical treatments. The grantor may give a general approach or detail instructions for each area.
Are advance directives binding on the Lasting Power of Attorney agent?
Yes. Advance directives included in the LPA are legally binding on the agent, who must act in accordance with them. The agent may not deviate from the directives except in exceptional circumstances and only with court approval. Actions requiring express authorisation — such as large donations — must be specifically mentioned in the document.
Official References: Israel Ministry of Justice — Lasting POA · Israel Ministry of Justice · National Insurance Institute of Israel · Israeli Courts Administration · Israel Land Authority
Steps to Drafting Advance Medical Directives
- Understand the difference between documents — Advance directives address end-of-life medical treatment; an expression-of-wishes document covers broader life preferences — both complement each other.
- Consult and draft — Define specific instructions on resuscitation, life-prolonging treatment, pain management, and appoint a healthcare proxy — with an elder-law attorney.
- Witnesses and signature — Sign in front of two independent witnesses who are not family members and not beneficiaries, as required under the Dying Patient Act.
- Distribute to relevant parties — Provide copies to the treating physician, hospital, chosen family member, and the Ministry of Health Central Registry.
Shoshi Arbib Law Office — Attorney | CPA | Mediator, Netanya, Israel.
