Durable Power of Attorney Lawyer | Attorney Rozil Amir

What is a Durable Power of Attorney and How Does It Protect Your Rights?

A Durable Power of Attorney is an essential legal document that enables you to grant powers to another person (attorney-in-fact) to manage your personal, financial, or medical affairs even if you lose legal capacity. Unlike an ordinary power of attorney, it remains valid even when you are unable to make decisions yourself, making it a vital legal protection tool for people of all ages.

In Israel, a Durable Power of Attorney is regulated under the Property Law (Succession), 5745-1985 and the Law for the Protection of the Elderly, 5758-1998. The document must be in writing, signed with a full and clear signature, and in most cases must be approved by a Family Court to have full legal validity.

Our firm specializes in preparing Durable Powers of Attorney that comply with Israeli law requirements, while ensuring complete protection of your rights and secure management of your assets and affairs.

Why Should You Prepare a Durable Power of Attorney Now?

Many people believe that a Durable Power of Attorney is relevant only for older individuals. This is a common misconception. Any person aged 18 or older with full legal capacity can and should prepare a Durable Power of Attorney. An accident, sudden illness, or loss of legal capacity can happen to anyone, at any age.

Without a Durable Power of Attorney, your family members or other trusted individuals will need to go through a complex and lengthy court process to establish a guardianship. This process can take months, may be costly, and may be subject to bureaucratic delays. A Durable Power of Attorney prevents these complications and allows the person you choose to manage your affairs smoothly and efficiently.

Types of Durable Power of Attorney in Israel

• Durable Medical Power of Attorney: Allows the attorney-in-fact to make medical decisions on your behalf, including treatments, tests, hospitalization, or even decisions regarding the termination of treatment. This is especially crucial when you cannot communicate or express your wishes.
• Durable Financial Power of Attorney: Grants authority to manage bank accounts, conduct real estate transactions, pay bills, manage investments, and handle your property. This is critical for maintaining financial stability.
• Durable General Power of Attorney: Combines medical and financial powers in a single document, allowing the person you choose to manage all aspects of your life.

What Are the Legal Requirements in Israel?

For a Durable Power of Attorney to have legal validity in Israel, it must meet strict requirements:

• The document must be in writing (not oral) and contain clear and specific instructions.
• You must sign with your regular signature, in the presence of at least one witness (preferably two), or before an attorney.
• You must be 18 or older and have full legal capacity at the time of signing.
• In many cases, approval by a Family Court is necessary to give the power of attorney full legal validity.
• The document must state the names of the attorneys-in-fact, the powers granted to them, and any conditions (if applicable) for exercising those powers.

Our firm handles every step of the process, from preparing the document through filing with the court and properly documenting your consent.

The Process of Preparing a Continuous Power of Attorney: Step by Step

Step 1: Initial Consultation and Determining Your Needs

In the first meeting, we will listen to your story, understand your circumstances, and inform you about the legal options available to you. We will discuss critical questions: Which powers do you want to grant? To which person or persons? Are there certain conditions you wish to add? We will ensure that you fully understand the implications of a continuous power of attorney and the potential risks.

Step 2: Selection of Attorney-in-Fact and Definition of Powers

This is the most critical part. Choosing an unsuitable attorney-in-fact can have serious consequences. We will help you think deeply about whom you trust, who has the ability to manage your affairs responsibly, and who will not have a conflict of interest. We will also discuss whether to grant full or limited powers, and whether to grant powers to one person or to several people (who can act separately or only together).

Step 3: Preparation of the Document

Based on our discussion with you, we will prepare a continuous power of attorney document that meets all the requirements of Israeli law. The document will include your name, the name of the attorney-in-fact, a detailed description of the powers, the signing date, and your signature. If desired, we will add certain instructions regarding how the attorney-in-fact should manage your affairs (for example, instructions concerning donations, investments, or personal expenses).

Step 4: Signing Before Witnesses or an Attorney

The document must be signed with your full signature in the presence of appropriate witnesses (usually two witnesses who are not close relatives or interested parties) or before an attorney. We will ensure that all legal conditions are met at the time of signing and that the document is properly documented.

Step 5: Submission for Court Approval (if required)

In some cases, particularly when significant financial powers are involved, approval from a family court is required. We will handle the submission of the request, prepare all accompanying documents, and represent you in the court proceedings.

Step 6: Receipt of Certified Copies and Documentation

After signing (or court approval), we will obtain certified copies of the document. These are copies that differ from the original and must be certified by an attorney or authorized authority. We will maintain secure copies and provide you with guidance on preserving the original and copies.

Step 7: Notification of Attorney-in-Fact and Instruction

After preparation of the document, it is important that the attorney-in-fact is aware of their role, their powers, and their obligations. We will provide instruction to the attorney-in-fact regarding proper asset management, documentation of transactions, and reporting if required.

Common Risks in Continuous Power of Attorney and How to Avoid Them

Selection of an Unsuitable Attorney-in-Fact

This is the greatest risk. If you choose a person who has a conflict of interest, or who is not responsible, or who does not have the ability to manage assets wisely, significant damage to your assets may result. Solution: Take time in making your selection, speak with potential candidates, and check their background and experience.

Document That Is Not Legal or Lacks Legal Requirements

If the document does not meet the requirements of the law, banks and government agencies may refuse to accept it, which will create complications when you need to use it. Solution: Always consult with an attorney experienced in this field.

Lack of Communication with Your Attorney-in-Fact

If you have not spoken with your attorney-in-fact about your values, your preferences, and the manner in which you want your assets to be managed, misunderstanding and friction may result. Solution: Speak openly with your attorney-in-fact, document your instructions in writing, and consider meeting with an attorney together.

Failure to Update the Document

If your life circumstances have changed (marriage, divorce, birth of children, death of the attorney-in-fact), your old power of attorney may be irrelevant or even have unintended consequences. Solution: Review your power of attorney every 3–5 years and update it if necessary.

Comparative Table: Durable Power of Attorney vs. Guardianship

Many people confuse durable power of attorney with guardianship. Here is a clear comparison:

The recommendation is clear: a durable power of attorney is the smart way to protect yourself and your assets while you are still able to make your own decisions.

Frequently Asked Questions About Durable Power of Attorney in Israel

In this section, we answer the most common questions we hear from our clients:

Am I required to prepare a durable power of attorney?

No, it is not legally required. However, it is highly recommended for every person 18 years of age or older. Without a durable power of attorney, if you lose legal capacity, your family members will have to go through a complex and expensive court procedure to establish guardianship. A durable power of attorney prevents all of this.

How much does it cost to prepare a durable power of attorney?

The cost varies depending on the complexity of your case. Basic preparation of a durable power of attorney typically costs between 1,500 to 3,500 shekels. If court approval is required, the cost may be higher. We offer free initial consultation to estimate costs precisely.

Can I prepare a durable power of attorney myself, without an attorney?

Technically, you can print forms from the internet and sign them in the presence of witnesses. However, this is very risky. Generic forms may not be suitable for your needs, may lack legal requirements, or may be rejected by banks and government agencies. Additionally, if there is an error, the document may be invalid, causing significant damage. It is definitely worth investing in legal advice.

Who can be an attorney-in-fact?

Almost any person 18 years of age or older can be an attorney-in-fact, including family members, friends, or even an attorney or institution. However, it is wise to choose a person you trust, who has no conflict of interest, and who has the ability to manage assets wisely. You can also choose multiple attorneys-in-fact, who can act independently or only together (with the consent of each).

Can an attorney-in-fact use their powers while I am still competent?

This depends on the type of power of attorney. If it is an "immediate" durable power of attorney, the attorney-in-fact can begin using their powers immediately. If it is "conditional" (springing power of attorney), the attorney-in-fact can use their powers only when you lose legal capacity. We will help you decide which type is right for you.

What happens if my attorney-in-fact dies or becomes incapacitated?

If your attorney-in-fact dies or becomes incapacitated, the power of attorney is no longer valid. If you prepared a power of attorney with multiple attorneys-in-fact, the others can continue to act. If not, your family members will have to go through a court procedure to establish guardianship. It is very important to update your power of attorney from time to time and ensure that the attorney-in-fact you chose is still suitable.

Is a durable power of attorney valid after my death?

No. A durable power of attorney ends with your death. After your death, your estate will be settled according to your will (if any) or according to the laws of succession. Therefore, it is important to also prepare a will alongside the durable power of attorney.

Can I revoke a durable power of attorney?

Yes, absolutely. You can revoke a durable power of attorney at any time, as long as you are competent. You can do this by signing a "revocation of power of attorney" document in the presence of witnesses or an attorney. It is important to send a copy of the revocation to the attorney-in-fact and to every entity they worked with (banks, government offices, etc.).

Do I need court approval for every durable power of attorney?

Not always. Court approval is required in some cases, particularly when it comes to significant financial powers or when there is disagreement among family members. In some cases, a durable power of attorney signed in the presence of witnesses may be sufficient. We will advise you regarding the need for court approval based on your circumstances.

How do I preserve my durable power of attorney?

It is important to keep copies of your power of attorney safe. We recommend: Keep the original in a safe place (a bank safe deposit box or your home). Give an authenticated copy to the attorney-in-fact. Give another copy to another family member or your attorney. Ensure that the attorney-in-fact knows where to find the document if they need to use it.