Continuous power of attorney

Enduring Power of Attorney.

The coronavirus pandemic has heightened the importance of creating an enduring power of attorney today, right now. It has also shown us that this is not a document intended solely for the elderly, but is meant for people of all ages and medical conditions.

A large number of ventilated patients and critically ill individuals raise difficult dilemmas: Who will make decisions regarding medical treatments? Who will take care of financial matters during hospitalization? Who will attend to all personal affairs?

For this reason, an enduring power of attorney should be created, after which the attorney-in-fact chosen by the principal will be able to act and handle matters easily and quickly.

That cursed virus, which suddenly erupted worldwide, forces humanity to think differently—a new 'corona routine' unlike anything we were used to.

We are witnessing people whose medical conditions deteriorate rapidly, from active and strong individuals into critically ill, ventilated, and dependent patients. For this very reason, it is crucial to create an enduring power of attorney today.

So, what exactly is this enduring power of attorney? I will try to briefly explain:

The Capacity and Guardianship Law currently offers every adult (the principal) the option to appoint an attorney-in-fact who can act on their behalf under the conditions determined by the principal.

The document is a legal document, approved by the Ministry of Justice, and is binding for all parties.

The primary condition is that the principal is an adult, clear-headed, and competent at the time the document is executed, and that the appointed attorney agrees to serve as such. When preparing the document, one or more persons may be appointed (together or individually), or one person and another as a substitute, or one person with the knowledge of another, to act as the principal's attorney-in-fact. The document is divided into three different matters: Property matters – such as who will manage bank accounts, funds, investment portfolios, assets, leases, loan applications, giving gifts, etc. Medical matters – such as who will decide on certain tests, consent to hospitalization, consent to surgeries, and basically any medical action requiring approval, etc. Personal matters – such as who will handle the principal's personal affairs, dealings with authorities, decisions related to assisted living, decisions regarding a caregiver, filing legal claims, etc. As mentioned, one or more attorneys-in-fact can be appointed for each of the matters outlined above, and a decision-making mechanism can also be established (together / separately / alternative, etc.). Furthermore, within the same document, explicit and binding instructions can be given regarding the principal's wishes in each matter. Additionally, the principal may determine when the power of attorney will come into effect, for example: on a specific date, at a certain age, in a defined medical condition, or by the decision of a professional authority.Or otherwise. This document has many advantages compared to the appointment of a guardian by the court if needed, for example: Time-saving – a lasting power of attorney does not require running around judicial authorities; once the condition for its activation is met, it is submitted to the Ministry of Justice, and within a few days, the signed document is in your hands. Costs – a lasting power of attorney does not require fees. Flexibility – a lasting power of attorney can be easily changed (as long as the grantor is competent); a new power of attorney can be submitted at any time to cancel the previous one; flexibility in cancellation, it does not require court intervention. Personal decision – a lasting power of attorney allows the grantor to make personal decisions according to their full will, choosing who the attorney is and how they should act (exactly) without the court determining their identity or methods (sometimes against the grantor’s preferences). Supervision or lack of supervision of actions, according to the grantor’s wishes, and much more, all with a great deal of flexibility. After it is prepared, all that remains is to wish long life and good health. It is important to note! The information provided here is general and does not replace consulting with an attorney in any specific case.