ייפוי כוח מתמשך לזקנים: בחינת יישומו של תיקון 18 לחוק הכשרות המשפטית והאפוטרופסות

In 2016, Amendment 18 to Israel's Legal Capacity and Guardianship Law of1962 was enacted to establish an alternative legal tool to traditional guardianship. The amendment introduced a "durable power of attorney"(DPA) document, which enables individuals, while still capable, to appoint an other person to make medical, financial, and personal decisions on their behalf should they be incapacitated in the future due to medical or cognitive decline. This study aims to assess the implementation of Amendment 18 and the process of drafting the DPA document. The study utilized administrative data analysis of appointors and proxies, supplemented by an online survey of attorneys who had completed the training necessary to draft DPAs.Findings from the administrative data suggest that the DPA tool is currently used primarily by older adults, though adoption rates remain low.Additionally, usage appears to be concentrated in central regions of the country and among individuals of medium-to-high socioeconomic status.Survey responses from attorneys highlighted the cost of preparing the document as a barrier to broader adoption. The majority of attorneys reported limited experience with the DPA tool but expressed a desire for more comprehensive training. Based on these findings, it is recommended to promote broader distribution of the DPA to increase its accessibility and to explore mechanisms that facilitate use among lower- and middle-incomepopulations. The study further underscores the critical role attorneys play in implementing DPAs. Given that the process involves navigating complex personal and family dynamics, specialized training on these issues is recommended to equip attorneys with the skills needed to support clients effectively.