Enduring Power of Attorney

The enduring power of attorney (yipui koach mitmasheich) is one of the most important — and simplest — tools in family planning, and still many people have never heard of it. It lets you determine in advance who will make decisions on your behalf if and when you can no longer make them yourself.

Disclosure: Educational information only. This is not legal advice. An enduring power of attorney must be prepared with a lawyer certified for the purpose. Any action you take is your own responsibility.

What it is

An enduring power of attorney is a legal document in which a person, the appointer, determines who will be authorised to make decisions on their behalf — the attorney — if in future they cannot make those decisions themselves, whether through illness, accident or cognitive decline.

Unlike an ordinary power of attorney, which lapses precisely when a person loses capacity, the enduring power of attorney comes into force in exactly that situation and continues to operate.

Which areas it covers

The power can be granted across three areas, together or separately: property and financial matters, covering accounts, payments and assets; personal matters, covering welfare, residence and lifestyle; and medical matters, covering treatment decisions.

You can also include advance directives, setting out in advance how you would want decisions made for you rather than leaving it to the attorney's judgement.

Why it matters so much

Without an enduring power of attorney, if a person loses capacity, their family must go through a court process to appoint a guardian — a lengthy and expensive procedure accompanied by ongoing court supervision.

An enduring power of attorney removes that need entirely: you choose in advance the person you trust, on the terms you define. It is both control and peace of mind, for you and for the family.

How to prepare one

The document may only be prepared through a lawyer who has undergone specific training and certification, and for some medical matters, also with a medical professional.

Once prepared, the document is deposited with the Administrator General at the Ministry of Justice. Only after deposit is it valid.

The appointer must have capacity at the time of preparation, which is exactly why this should be done well in advance rather than postponed.

What it costs

The cost is primarily the lawyer's fee — depositing with the Administrator General itself carries no charge. It is a one-off expense, and far cheaper than a future guardianship proceeding, which is why it is considered a worthwhile planning investment.

Common mistakes

1. Postponing it indefinitely. You must have capacity at the time of preparation.

2. Confusing it with a will. A will applies after death; a power of attorney applies during life, on loss of capacity.

3. Not depositing it. Without deposit with the Administrator General, the document is not valid.

Summary

An enduring power of attorney is a gift to yourself and to your family: it ensures that if something happens, the person you choose — rather than a court — makes the decisions, according to your wishes. It is a one-off action, relatively inexpensive, and of enormous value. See more in the family and planning section. We provide the knowledge — the decisions remain yours.