In a precedent-setting decision recently given by the Family Court, a request was received from a client of our firm to recognize a power of attorney held in Germany and in accordance with German law in favor of the son of a client of our firm as a continuing power of attorney in 1962. Power under German law, which is usually more comprehensive and broader than continuous power of attorney under Israeli law.
Thus, in the case in question, the court confirmed in its decision that the power of attorney made under German law is lawful as a continuing power of attorney under Israeli law, in accordance with an opinion made by Dr. Katy Elmaliah, who is an expert in German law, under section 77 (b) The Legal Qualifications and Guardianship Law, which stipulates that "on the question of the validity and scope of a power of attorney under the said chapter, the law of the place of appointment of the appointor shall apply on the day the continuing power of attorney is made."
The meaning of this decision will allow the clients of our firm who have made or have held a power of attorney in their favor under German law, and who have assets in Israel, to act in connection with these assets in accordance with the power of attorney granted to them in their country of origin.
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