What to Consider When Making a Lasting Power of Attorney
As a person advances along the path of life (and not necessarily when reaching the “third age”), the desire arises to protect their assets and ensure the future of their relatives, alongside the fear of who will care for them if they lose their capacity. The answer to this lies in two complementary documents: a will, which defines how the estate will be distributed after death; and a lasting power of attorney, which allows determining in advance who will make a person’s property and medical decisions during their lifetime, should they be unable to do so themselves. Unlike other legal tools, the lasting power of attorney allows ensuring the exact realization of a person’s will through a “preliminary instructions” document.
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A car accident that occurred on the way home from work may be recognized as a workplace accident
An employee was involved in a car accident on her way home after finishing her workday, but cellular location data, the actual travel route, and the significant time gap between leaving work and the occurrence of the accident indicated that the location and time did not align with the accepted route from the workplace to her residence.
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Liability for damage to a ship during mooring and loading lies with the port operator and not with the shipowner
A ship that arrived at the Ashdod port to load fuel was moored to a marine terminal operated by the Israel Electric Corporation. Despite the winds at the location strengthening significantly, the ship was left moored to the terminal for several hours. As a result of the continuous load, the mooring cables snapped and disconnected, causing severe damage to the marine terminal.
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A company providing service and support in Israel to a foreign company may be considered its representative for the purpose of service of process in Israel
A client whose investment account with a foreign company was blocked, served a statement of claim to the Israeli company through which the account was opened. The Israeli company contended that it is not authorized to receive service of process on behalf of the foreign company since it only provides technical support.
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A non-compete clause does not automatically become void upon termination of the contract but will be evaluated in light of the circumstances
A store chain owner suspected that one of the franchisees secretly became a shareholder in a competing store chain using his brother as a “straw man”. Following these suspicions, the chain terminated the franchise agreements for two branches and for the third branch demanded to activate a “forced separation” mechanism due to “breach of trust.” The franchisees contended that the termination was unlawful and established an alternative brand while seeking damages for their losses.
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Upon non-publication of financial statements at the expiration of the initial suspension period the company is transferred to the maintenance list
A public company which shares were suspended from trading on TASE due to non-publication of financial statements petitioned at the last minute against the transfer of its shares to the maintenance list after the three months of suspension had lapsed. The company sought a short delay contending that the statements would be published soon, but the TASE refused to grant the request and the company petitioned for urgent interim orders on the eve of the cut-off date.
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A significant delay in the delivery of an apartment may justify the cancellation of the purchase agreement and the realization of the Sale Law guarantee
Two families purchased apartments from a developer. After the developer ran into financial difficulties and a receiver was appointed to complete the project, they sought to cancel the purchase agreement and forfeit the Sale Law guarantees in their possession due to a significant delay in delivery and given the fact that they can no longer afford the mortgage and rent payments simultaneously.
