Areas of Expertise

It is the combination of financial experience and legal knowledge that makes the Ifat Ben David Bustos Law Office unique and, of course, positions it as a professional and reliable firm that delivers achievements to its clients.

דיני חדלות פירעון ושיקום כלכלי

Insolvency and economic rehabilitation laws

In September 2019, the Insolvency and Economic Rehabilitation Law, 5778 - 2018, went into effect, the primary purpose of which is to rehabilitate the debtor and help them integrate into the fabric of economic life while maintaining maximum dignity and taking into account many parameters when calculating the payment order, such as their personal and health state, status and ability to deal with their debts and creditors. The law brought good news and great hope for debtors and allows, among other things, even to reach an arrangement with the creditors without requesting an order to commence proceedings (what was formerly known as a receiving order).

Adv. Ifat Ben David Bustos specializes in insolvency proceedings and accompanies many debtors on the way to settle their debts, whether by arrangements within the framework of the law or through individual arrangements outside the court.

דיני מכס וסחר בין לאומי

Customs and international trade law

Provision of professional and legal assistance to importers, exporters, and customs agents in all matters related to the day-to-day dealings with the customs and VAT authorities and the courts in all matters related to these laws, including the handling of customs offenses, etc. Adv. Ben David Bustos has over 17 years of experience in the international shipping and customs brokerage industry and is well familiar with the inner working of the field, which gives her a significant advantage in finding effective and efficient solutions for her clients.

צווארון לבן

White Collar

Customs, purchase tax, and excise tax offenses such as customs smuggling, evasion of customs, tax, and VAT payments, filing a false entry, converting indictments into forfeit/administrative fine, and fictitious invoices.

דיני משפחה

Family Law

Accompaniment, counseling, and representation in the sensitive field of family law. Unfortunately, cases in family law usually deal with the dissolution of the family package and the commencement of divorce proceedings. This procedure tends to take a long time and lead to disagreement on almost every clause in the agreement to be formulated. Therefore, you should contact an attorney who is both a mediator and a representative in various courts if necessary. Beyond that, it is of utmost importance to be accompanied by a lawyer who is also well versed in economic areas, since a divorce agreement is mostly based on this.

ייפוי כוח מתמשך

Continuous power of attorney

Amendment 18 to the Kashrut and Guardianship Law stipulates that every adult and qualified person can determine how and by whom their affairs will be handled if and when they cannot take care of them by themselves due to adverse change in their situation, mental or health incompetence provided they understand the meaning, goals, and consequences of the provision of continuous power of attorney.

The person appointing an attorney-in-fact is called the "appointor" - they will voluntarily, while they understand and are competent to do so, choose who will take care of their property, personal and medical matters for them, in their place, and on their behalf.
If their condition deteriorates, this can be caused by an accident or old age illnesses, such as "dementia," as well as by mental or intellectual disabilities that impair a person's cognitive ability to the point where they are unable to make decisions regarding their life and take care of their affairs.
Usually, the appointor will choose an attorney-in-fact on the basis of a relationship of trust and will usually appoint a relative whom they can trust, or alternatively, they will choose a professional who specializes in matters related to their affairs which will require future care (lawyer, accountant).
The appointor can give a continuous power of attorney for all their affairs - personal, medical, and property, or only some of them. Also, the appointor can choose several attorneys-in-fact to take care of their affairs.

The continuous power of attorney is prepared before a lawyer who has undergone special training by the Public Trustee - both the appointor and the attorney-in-fact will sign the document, and their signature will constitute consent to the content of the continuous power of attorney.

A person can decide on the appointment of a single attorney-in-fact and also on a replacement attorney-in-fact to be on the safe side, and in case the sole attorney-in-fact will not be able to fulfill their role for some reason (including their death or illness, God forbid). In doing so, the appointor will determine the scope of responsibilities and authority of each of the attorneys-in-fact and also determine who will decide between them in case of disputes.
A person may decide on the appointment of a single attorney-in-fact as well as on the appointment of a replacement attorney-in-fact, in case the first attorney-in-fact does not want to or will not be able to act on their behalf. They may also name several attorneys-in-fact. It is possible and even recommended to determine whether the attorneys-in-fact will act jointly or separately, the scope of each's powers and responsibilities, and who will decide in the event of a dispute between them.

An appointor may prescribe, in a continuous power of attorney, preliminary instructions to the attorney-in-fact, in which they will specify their will regarding future applications to be received in time or actions to be taken on their behalf by the attorney-in-fact in matters included in the power of attorney.

Preliminary instructions for continuous power of attorney in personal matters:

These will specify the appointor's desires in everything related to their personal affairs, such as residence, special or daily needs, social needs - for example, if it is a religious person, they may ask to live in a place where there is a synagogue and the like.

A continuous power of attorney in a person's personal affairs also concerns their health, but in this sensitive matter, a continuous medical power of attorney can be made that only takes care of the appointor's health matters.

Note: Personal matters also include medical matters, but it is also possible to make a continuous medical power of attorney that relates only to health matters.

Preliminary instructions for continuous power of attorney in property matters:

This type of power of attorney refers to the handling of all of a person's assets, funds, and liabilities, access to their bank accounts, and performing actions that require their signature.

The appointor may make a general determination regarding specific guidelines and alternatively allow the attorney-in-fact to have discretion in some issues.

Preliminary instructions for continuous power of attorney in medical matters:

The appointor can determine where they are interested in receiving medical treatment, for example, and whom they prefer, but they will not be able to determine, for example, a directive of euthanasia.

Actions that require certification in the continuous power of attorney

Certain actions require explicit authorization in the power of attorney for the purpose of their execution and other material actions that will take effect only after obtaining court approval (for example, real estate transactions or the granting of funds and certain entities).

An informed person or supervision

The appointor may appoint an informed person (or several informed persons) to receive information or reports from the attorney-in-fact regarding decisions they have made and actions they have taken or determine that the Chief Custodian will supervise the attorney-in-fact.

Entry into effect

It is possible to act in accordance with the continuous power of attorney and use it only after it enters into effect. The phase of entry into effect is the stage in which a person ceases to understand the issues on which the power of attorney is given, and it is necessary to "activate" the attorney-in-fact.

If the appointor did not refer in the power of attorney to a situation where a particular event occurs, the continuous power of attorney would enter into effect only after obtaining an appropriate medical opinion confirming that the appointor is no longer fit to perform their actions.

Who can be appointed as an attorney-in-fact? An adult, an individual, one who has not been appointed a guardian, and one who does not have a valid continuous power of attorney regarding their own affairs.

Who cannot be appointed as an attorney-in-fact?

In property matters - a bankrupt who has not been given a discharge or a severely limited debtor, anyone who provides the appointor with medical, social, nursing, or rehabilitative care in exchange for direct or indirect payment.
A person who provides the appointor with accommodation for direct or indirect payment.
A person who is an attorney or a professional who has prepared the continuous power of attorney.
Personal relationship - a person who has already been appointed as attorney-in-fact of three people, will not be appointed (exception - a relative of the appointee).

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