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INHERITANCE LAW WILLS HEALTHCARE PLANNING Israeli Estate Planning © Deborah Opolion Law Offices, LLC US Tel. 1-414-220-0866, Israel Tel: 03-372-1643 www.opolionlaw.com
YOUR INSTRUCTIONS ON HOW TO PLAN FOR PROPERTY AND HEALTHCARE WHAT IS ESTATE PLANNING? 2 © Deborah Opolion Law Offices, LLC
Comprehensive Israeli Estate Plan Israeli will (covers Israeli assets) Healthcare power of attorney under Patient Rights Law – 1996 Living Will (if desired in addition to power of attorney above) Advanced Healthcare directive under 2005 Law Healthcare power of attorney 2005 Law Will and/or Trust for Assets in other countries 3 © Deborah Opolion Law Offices, LLC
What happens if I don’t make an Israeli will? Israeli inheritance law kicks in Call it the state sponsored plan The law describes the order of inheritance 4 © Deborah Opolion Law Offices, LLC
Who’s First? Children…. Children Parents Grandparents 5 © Deborah Opolion Law Offices, LLC
Spouse always gets a share – but how much? Deceased Person ChildrenParentsGrandparents Spouse 6 © Deborah Opolion Law Offices, LLC
Spouse and Children When a person dies, leaving a spouse and children Spouse gets HALF Children share equally in HALF Children from different marriages treated the same Adopted treated the same 7 © Deborah Opolion Law Offices, LLC
Maain Zavaa – common law rights 8 Explain section of inheritance law on partners Law tries to protect partners, but it is easier to contest © Deborah Opolion Law Offices, LLC
Joint Bank Accounts How many of you have joint bank accounts with your spouse/partner? Do you have a “survivability” clause (arichut yamin clause) Check if your bank included this when you opened account This allows you to continue to use account if spouse passes away BUT isn’t enough and doesn’t establish inheritance rights – still need probate 9 © Deborah Opolion Law Offices, LLC
Getting a Probate Order (Intestate) This is a procedure through the Registrar of Probate office You need a probate order whether you have a will, or not A Petition for Probate must be signed in front of a lawyer, stating names of beneficiaries Also must submit: - a death certificate - Payment slips for court fees - Proof that all beneficiaries received notice - Power of attorney to the lawyer submitting petition 10 © Deborah Opolion Law Offices, LLC
Who Needs an Israeli Will? Examples of Married People that need Wills: You have young children You have a special needs child Your parents need financial assistance You’re married a second/third time and have children from both marriages of different ages 11 © Deborah Opolion Law Offices, LLC
More examples when you need an Israeli will You want to leave your estate to friends You want to care for your partner, but aren’t married Continue to support charities that matter to you You live outside of Israel but own real estate in Israel 12 © Deborah Opolion Law Offices, LLC
The Typical Israel Will Have lawyer draft it and sign before two witnesses (usually the lawyer who drafted it and another witness) Make sure to get at least 2 originals Keep one original at home, wherever you keep important documents (NOT AT THE BANK) Give another original to one of your children to be kept outside your home Usually your Israeli lawyer will keep an original, but check that this is the case 13 © Deborah Opolion Law Offices, LLC
Witnesses Your children or other beneficiaries CANNOT be witnesses Witnesses have to be neutral parties that won’t inherit under your will 14 © Deborah Opolion Law Offices, LLC
Probate – Validation of Will A will doesn’t mean instant transfer of property After death original will submitted to Israeli court Probate process of will (which allows time for it to be contested) Can take 3 months – 9 months (uncontested) Longer if contested 15 © Deborah Opolion Law Offices, LLC
Israeli Healthcare Planning 16 © Deborah Opolion Law Offices, LLC
What is healthcare planning? 17 Deciding future medical care when you can’t speak for yourself Thinking about what it means to be alive Thinking about your feelings on death and dying Choosing when you want life-sustaining treatments Talking to your family and friends about this Signing Israeli health planning documents © Deborah Opolion Law Offices, LLC
Do you want your life extended if: © Deborah Opolion Law Offices, LLC 18 Permanent brain damage Massive stroke with permanent loss of consciousness Debilitating disease, which will get worse Another important question: Do you want artificial nutrition and fluids?
Informed Consent Informed consent – basis of Israeli medical treatment YOU have the right to make informed choice YOU can agree to or REFUSE medical treatment Protected by Israeli case law and the Patient Rights Law of 1996 Constitutional right (right to dignity under Basic Law: Human Dignity and Liberty) 19 © Deborah Opolion Law Offices, LLC
This is where healthcare planning comes in! 20 This is your set of instructions on what to do IF… What goes into healthcare planning? - A Power of Attorney to enable a healthcare “agent” to make decisions in your place - Advanced healthcare directive telling your family and doctors what you want and making their decisions easier © Deborah Opolion Law Offices, LLC
Power of Attorney under Patient Rights Law 21 This is a simple straightforward form The Ministry of Health provides a Hebrew sample version on its website Only 2 pages but medical details must be filled in This Power of Attorney will enable the family or friend you appoint to make healthcare decisions for you, as if you were deciding Lots of advantages to Section 16 power of attorney © Deborah Opolion Law Offices, LLC
Who do you appoint? 22 Someone you TRUST Someone you knows you very well MOST IMPORTANT: someone who will honor your wishes Someone who will advocate for what you want You can appoint your husband/wife/adult child/friend © Deborah Opolion Law Offices, LLC
Section 16 Power IS NOT ABOUT MONEY PROPOSED ISRAELI LAW – DURABLE POWER OF ATTORNEY Section 16 power of attorney DOES NOT allow agent to handle bank accounts or money Hopefully Israeli law will soon allow a: “DURABLE POWER OF ATTORNEY” FOR FINANCES This is routinely used in the US to help avoid the need to appoint a guardian (apotropus) 23 © Deborah Opolion Law Offices, LLC
How do I sign this Power of Attorney? 24 There is a “standard” Hebrew form on the Ministry of Health website NEEDS TO BE CUSTOMIZED – fill in medical situations and wishes Can be filled in and signed at your doctor’s office (with your agent present) © Deborah Opolion Law Offices, LLC
Start a Conversation: Empower Yourself How important is quality of life? What aspects of life give you meaning? What scares you most about death and dying? It can be made simple: - “I don’t want my life extended artificially.” - “I don’t want to die hooked up to machines.” - “I don’t want to live in a vegetative state, hooked up to machines.” 25 © Deborah Opolion Law Offices, LLC
Living Will (aka Advanced Healthcare Directive) 26 Make a “living will”, which goes together with the Section 16 Power of attorney This works in tandem with the power of attorney Helps your healthcare agent make decisions If no healthcare agent, tells doctors/hospitals what to do © Deborah Opolion Law Offices, LLC
Additional Tools in Healthcare Planning Arsenal 27 Advanced Healthcare directive – Dying Patient Law 2005 Power of Attorney under Dying Patient Law These “forms” deal with someone that is dying – and a doctor has determined that they only have 6 months to live This law only covers this scenario © Deborah Opolion Law Offices, LLC
What is a Dying Patient under the 2005 law? Someone with cancer and doctors have stated only have 6 months to live Patient Rights Law will likely cover those with Alzheimer's, sufferers of stroke or in a vegetative state Case law is likely to evolve on this relatively new law 28 © Deborah Opolion Law Offices, LLC
Where to keep 2005 Forms © Deborah Opolion Law Offices, LLC 29 Forms are valid for 5 years They can be filed with the Center for Advanced Healthcare Directives This way your directive/power of attorney will be in central database Can be changed anytime and new forms filed
THE BEST SUMMARY IS TO ADVISE YOU TO START A CONVERSATION © Deborah Opolion Law Offices, LLC 30 Start a Conversation….
DEBORAH OPOLION LAW OFFICES, LLC ISRAEL OFFICE: ACKERSTEIN TOWERS (A) – 8 TH FLOOR 9 HAMENOFIM ST., P.O.BOX 2148 HERZLIYA PITUACH 46120 ISRAEL TEL. 03-372-1643 US. TEL. 414-220-0866 WWW.OPOLIONLAW.COM Thank You!
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