Nov 10, 2023
An act that was like that was…
Yehuda, an 84-year-old elderly man who has a son and two daughters, drew up a lasting power of attorney about six months ago and according to his detailed instructions, he stated that he wished to continue living in his home, and that he wished to go once a week to eat ice cream at the beach in Nahariya, and he also requested that none of his children be placed in a nursing home .
Yehuda knew that when he was clear and aware of his actions, his instructions as he gave them would be carried out in practice one by one and therefore he asked to appoint his eldest daughter to take care of his affairs when the day came when he became incompetent to make decisions, the continuing power of attorney was entrusted to the general guardian at the Ministry of Justice.
In the last month Yehuda felt severe confusion and an inability to concentrate and had to rest in his bed for many days and his children began a ritual of advice regarding his matter, while different options were brought up by each of his children.
The son Atz ran to him and took one of the most expensive lawyers that could be obtained, in order to submit a request to be appointed as guardian for his father and so that he could make decisions for him, while the younger daughter turned to a neighbor who lives one floor above her and is a lawyer with an independent office, in order to appoint the younger daughter as guardian on her father and you can make decisions on his behalf.
When the lawyers submitted their requests to the court, the secretary of the court typed the father’s identity card into the general guardian’s database and there it was discovered that there is a lasting power of attorney that was entrusted with clear instructions from the father on how to behave with him and that according to his wishes the eldest daughter is the one who is appointed as his guardian.
The other children’s protests didn’t help, the ongoing power of attorney overrides their current requests and the father’s will, as determined six months ago, is fully complied with.
What is a durable power of attorney?
A durable power of attorney is a legal document that allows any adult (over the age of 18) to determine how and by whom his affairs will be handled in the future when he is unable to handle it himself, provided he understands the meaning, goals and results of granting the durable power of attorney.
The person (called the “appointee”) chooses of his own free will at the stage when he understands and is able to make decisions and carry out who will take care of his affairs and how his life will look if and when his condition changes for the worse (deterioration in his condition). Deterioration in his condition can result from an accident, diseases of old age (such as dementia), mental disabilities and intellectual disabilities that may impair a person’s judgment.
The way to do this is by appointing a proxy who will be authorized to act on behalf of that person in the future when he will no longer be able to make or carry out decisions concerning us himself.
The appointer can give a continuing power of attorney for all of his personal (including medical) and property matters or only some of them.
The power of attorney must act according to the instructions of the appointer, he must sign and confirm in writing before a lawyer (or before a professional in medical power of attorney) his agreement to the content of the continuing power of attorney, including the preliminary instructions included therein. In cases where the directive is impossible to carry out, illegal or when its execution will cause serious damage to it – the power of attorney must not act on it. In such a case, he can turn to the court and ask him to give instructions on how to act
A person can decide on the appointment of a single power of attorney as well as on the appointment of a replacement power of attorney in case the first power of attorney is unwilling or unable to act on his behalf. He can also appoint a number of proxies. It is possible and appropriate to determine whether the powers-that-be will act jointly or separately, what is the extent of the powers and responsibilities of each of them, as well as who will decide in the event of a dispute between them.
In order for the continuing power of attorney to take effect, there is no obligation for the person to lose his legal capacity, but it is certainly possible to establish that the continuing power of attorney will also be valid in this situation, and then the power of attorney’s entry into office can be done instead of appointing a guardian in the specific matters defined in the continuing power of attorney.
A person who wishes to set instructions in advance in the event that it is necessary to appoint a guardian for him, can draw up a document giving advance instructions, in which he can, for example, determine in advance who will be his guardian in the future (if necessary), as well as detail future decisions that will be made on his behalf or actions that will be taken on his behalf by the guardian appointed for him.
Below are some examples of instructions that can be given:
*The author of the power of attorney can determine within his personal medical affairs the type/identity of his preferred therapist.
*The author of the power of attorney can determine as part of his personal affairs that his place of residence in the future will be his home, and that the transition to an out-of-home arrangement will be made only under certain circumstances.
*The attorney of power can determine as part of handling his property affairs that the attorney will sell or rent his house under certain circumstances or instruct him to invest his money in a certain way.
Points to note:
From the date of entry into force of a continuing power of attorney, the person’s relatives and the “informed person” are entitled to receive information about the deposit of the power of attorney, the identity of the power of attorney and the “informed person” and the types of matters for which the power of attorney was given – unless the person in the continuing power of attorney limited the their eligibility.
From the date of the deposit of the continuing power of attorney until the date of its entry into force, the general guardian will send the appointing person a reminder, once every 3 years, to make sure that the person does not want to change the power of attorney for any reason.
An important point that must be noted and addressed carefully is that the power of attorney must be drawn up on special forms and signed before a lawyer who has undergone special training, and that he has no personal interest in the power of attorney. If this is not the case, then the power of attorney will not be legally issued.
In order for the continuing power of attorney to take effect, there is no obligation for the person to lose his legal capacity, but it is certainly possible to establish that the continuing power of attorney will also be valid in this situation, and then the power of attorney’s entry into office can be done instead of appointing a guardian in the specific matters defined in the continuing power of attorney.
Preliminary instructions:
A person who wishes to set instructions in advance in the event that it is necessary to appoint a guardian for him, can draw up a document of giving advance instructions, in which he can, for example, determine in advance who will be his guardian in the future (if necessary), as well as detail future decisions that will be made on his behalf or actions that will be taken on his behalf by the guardian appointed for him. For more information, see Provision of preliminary instructions for the appointment of a guardian.
In addition, any person who wants to prepare for the stage where he will have difficulty making decisions himself in the future, even if he has not filed a lasting power of attorney or will not be appointed a guardian, has another option, which is to appoint a person (officially) who will help him make decisions but will not make them for him. For more information, see Decision Support.
To Finish:
The author of the article is a lawyer and a qualified mediator with about 10 years of experience, in the past he was involved in the operation of large systems and the management of many teams of employees, he graduated with two degrees and in addition a degree in law, he owns a law office for family matters, inheritances and wills, he is qualified as the general guardian in the Ministry of Justice for drafting power of attorney Continuing and lecturing on family matters and the rights of the elderly.
Happy Seniors Services:
Happy Seniors offers a wide range of services to help elderly people living at home and their families. The services include assistance in finding suitable nursing caregivers, managing medical monitoring and personal care, and supporting daily challenges. The company also offers technological solutions that allow the elderly to stay connected with their families and enjoy community support, all with the goal of improving their quality of life and allowing them to age in a familiar and comfortable environment. Happy Seniors helps the elderly enjoy maximum support and advanced technology, thereby significantly improving their quality of life.
Nov 10, 2023
Dementia is one of the biggest concerns in the world in the field of quality of life in old age. Not only does it have devastating consequences for the physical and mental health of those affected by it, the disease also affects the quality of life of those around the patients. Family members become caregivers, which changes their routine forever. In our age characterized by the rapid development of technology and innovation, scientists struggle day after day to find new ways that could be effective in delaying or preventing dementia in adults; Among the various ways, physical activity to prevent dementia appears to be the most promising way.
As many studies have shown, maintaining a routine of physical activity starting from a young age, significantly reduces the cases of dementia by about 30% on average. For you and your parents, this is a 30% greater chance of living a long and healthy life, without a disease that casts a shadow over our lives.
In order to show the importance of exercise in preventing dementia among the elderly, we must first ask ourselves the big question.
What is dementia?
If we try to strip things down, dementia is a persistent mental imbalance resulting from a problem in the brain. This causes patients to suffer memory loss, personality changes and impaired judgment.
This can manifest itself in forgetting the day-to-day activities. Activities such as eating meals and wearing clothes. Simple calls or answering questions, as well as more complex actions such as turning off the gas and locking the doors.
The personality can change, a feeling of helplessness and a reduction in dignity can occur, along with thousands of other complications as well.
Physical activity to prevent dementia
In studies that examined the effect of various factors on dementia, exercise and physical activity were found to be highly effective means of preventing dementia.
Although the direct link between physical activity and the prevention of dementia has not been proven, the benefits of physical activity in reducing the risk factors for dementia are not in doubt.
Several studies have also found that regular high-level physical activity slows down the rate of brain tissue loss during the aging process. In any case, devoting a few minutes a day to physical activity is not a bad thing at all and has many benefits.
According to the World Health Organization (WHO), participating in 150 minutes of moderate aerobic activity each week, for people aged 65 and over, can actively ward off dementia.
Recommendations on physical activity to prevent dementia
Aerobic activity basically means cardiopulmonary endurance, such as running, riding, walking, dancing and swimming; You get the idea. Even a 10-30 minute walk in the park every day is considered recommended aerobic activity. Undoubtedly, this has a decisive effect on maintaining fitness and health and warding off dementia. Training programs for the elderly exist today in gyms and swimming centers all over the world. Swimming is an excellent means of maintaining fitness. This is because it easily helps burn calories and at the same time does not cause an excessive load on the body.
The benefits of swimming..
Swimming suitable for the elderly can be a fun activity and also a good way to ward off disease. Aerobic exercise is also a great way to stimulate blood flow to the brain.
Resistance Training-
Aerobic activity is not the only way that adults can prevent and slow down the progress of dementia. Resistance training (also known as weight training) can help achieve stronger muscles, more flexible ligaments and increased bone density.
Exercises include lifting weights, squeezing rubber balls, yoga and tai chi. They can help strengthen the muscles of the spine and the hypothalamus (lower brain area). This can greatly contribute to muscular coordination and balance.
Furthermore, physical activity such as yoga and tai chi can contribute to the flexibility of the body and maintaining a fresh and renewed mind.
Biodance and Dance-
Biodance according to Wikipedia combines three worlds – the music, the movement and the group. Biodance, which is the dance of life, enables experiences of deep feeling and perception of life. The movement and dancing in the group make it possible to engage in enjoyable physical activity in a group for people who are unable to persist in the activities described earlier.
Physical activity for dementia patients
Physical activity plays an important role both in preventing and during the course of dealing with dementia. Even after dementia has been diagnosed, it is important for the patient to have a daily activity schedule that includes exercises that increase brain activity as much as possible.
Exercising during dementia gives patients something they can do on their own and this strengthens their self-worth. It also gives them a channel to channel their energies into and prevent other accidents.
Regular physical activity is something that should be incorporated into the lifestyle of every adult and should be started as early as possible.
Exercise can prevent many health problems. It can keep the mind feeling young and happy. So get your doctor’s approval and start exercising!
Happy Seniors Services
Happy Seniors offers a wide range of services to help elderly people living at home and their families. The services include assistance in finding suitable nursing caregivers, managing medical monitoring and personal care, and supporting daily challenges.
The company also offers technological solutions that allow the elderly to stay connected with their families and enjoy community support, all with the goal of improving their quality of life and allowing them to age in a familiar and comfortable environment. Happy Seniors helps the elderly enjoy maximum support and advanced technology, thereby significantly improving their quality of life.
