Drafting a Durable Power of Attorney — Legal Protection for Your Future | Attorney Rozil Amir

What is a Durable Power of Attorney and Why is it Essential in Family Planning?

A durable power of attorney (Durable Power of Attorney) is a legal document that allows you to designate another person — an attorney-in-fact — to act on your behalf in financial, medical, or personal matters, even if you lose legal capacity as a result of chronic illness, loss of consciousness, or another health condition. Unlike a regular power of attorney that terminates upon loss of capacity, a durable power of attorney remains in effect and allows for smooth and uninterrupted management of affairs without legal obstacles.

In Israel, a durable power of attorney is an essential tool in family and estate planning. It eliminates the need for a complex and expensive court proceeding to appoint a guardian, and allows you to decide in advance who will manage your affairs when you are unable to do so yourself. This is the clearest expression of personal autonomy and family vision in Israeli law.

When Should You Execute a Durable Power of Attorney?

There is no minimum legal age for executing a durable power of attorney, but it is highly recommended for anyone 18 years of age and older. In particular, it is best to do so:

• At significant life stages: After marriage, before having children, or when acquiring a significant asset.
• Upon diagnosis of a chronic illness: If you or a family member are facing a health condition that causes cognitive decline.
• As part of estate planning: A will and a durable power of attorney are a legal pair that complement each other; the will settles your assets after death, while a durable power of attorney addresses matters during your lifetime.
• During aging: If you are in your advancing years and want to ensure a clear method for managing your affairs.

Types of Durable Power of Attorney in Israel

In Israel, there are several types of durable power of attorney, each suited to different scenarios:

• Durable Financial Power of Attorney: Grants the attorney-in-fact authority over financial matters — managing bank accounts, real estate transactions, investments, insurance, and liabilities. This is the most common type.
• Durable Medical Power of Attorney: Allows the attorney-in-fact to make medical decisions on your behalf if you are unable to do so — choosing a doctor, approving treatments, making end-of-life decisions. In Israel, this is closely related to the Patient's Rights Law (1996) and the Law Regarding Medical Decisions of a Person Unable to Give Consent (2005).
• Durable Personal Power of Attorney: Grants the attorney-in-fact authority over general personal matters — housing, education, personal affairs, identity, and the like.
• General Durable Power of Attorney: Combines all three categories above in a single power of attorney.

The Difference Between a Regular Power of Attorney and a Durable Power of Attorney

A regular power of attorney terminates upon loss of capacity — that is, if you slip into a coma or are diagnosed with dementia, a regular power of attorney is no longer valid. This means that your family members will need to file a petition with the Family Court to appoint a guardian, a process that can take months, cost thousands of shekels, and be emotionally straining for the family. By contrast, a durable power of attorney remains in effect and valid even after loss of capacity, allowing the attorney-in-fact to continue to act without legal interruption.

Continuous Power of Attorney Preparation Process — Step by Step

The process of preparing a continuous power of attorney in working with Rosil Amir Law Firm is transparent, structured, and stress-free. Here's how it works:

Step 1: Initial Consultation and Information Gathering

You call or visit our office in Ramat Gan for an initial meeting with Attorney Rosil Amir. We discuss:

• Your current health status and concerns about the future.
• Your family, spouse, and children.
• Your assets, bank accounts, real estate, and investments.
• Who you want to appoint as attorney-in-fact — and why.
• Any special limitations or conditions you wish to include.

We use a comprehensive form to document all details. The meeting typically lasts 45–90 minutes.

Step 2: Draft Preparation and Legal Discussion

After the meeting, we prepare a draft continuous power of attorney tailored to your needs. The draft will include:

• Your full name, ID number, and contact details.
• Full name, ID number, and contact details of the attorney-in-fact (or multiple attorneys-in-fact if you chose).
• Type of powers (financial, medical, personal, or general).
• Special conditions, limitations, or instructions.
• Effective date and duration (often "until loss of capacity").
• Signatures, witnesses, and legal stamps.

We send you the draft for review and discussion. You can comment, modify, add, or remove clauses. We adjust until you are completely satisfied.

Step 3: Signing in the Presence of Witnesses

When the final draft is ready, you come in for signing. Under Israeli law requirements, a continuous power of attorney must be signed:

• By you (the grantor).
• In the presence of at least one witness (typically two for better legal safeguard).
• Optional: Before a public authority (e.g., notary or election officer).

We arrange the signing in a formal and discreet environment, and we ensure that each witness understands the significance of the document.

Step 4: Processing and Official Copies

After signing, we process the document legally and produce official copies. Each copy is signed, verified, and stamped by our firm. You receive:

• An original copy for secure safekeeping.
• Additional copies for submission to banks, hospitals, or government offices.
• A digital copy for your personal file.

Step 5: Registration and Archiving

If you choose, we arrange registration of your continuous power of attorney in the Advance Directive Registry in Israel to ensure it is available to authorities when needed. We also retain a copy in our firm's archive for five years, so you can contact us if you need an additional copy or an update in the future.

Step 6: Ongoing Support

Our work does not end with signing. We remain available for questions, clarifications, updates, or future changes. If legal proceedings become necessary (e.g., revocation of power of attorney or protection of your rights), we are here for you.

Benefits and Legal Examination of Durable Power of Attorney

Key Benefits of Durable Power of Attorney

Durable power of attorney offers significant advantages to you and your family:

• Personal control: You choose who will handle your affairs, not a court. This reflects your values and your vision for the future.
• Avoiding court proceedings: There is no need for a guardianship petition process, which can take months and cost thousands of shekels.
• Privacy: Unlike guardianship, a durable power of attorney is a private matter between you and the attorney-in-fact.
• Flexibility: You can limit the powers, add conditions, or replace the attorney-in-fact in the future.
• Family transparency: When your family knows in advance who will handle your affairs, family tensions are reduced.
• Swift implementation of decisions: The attorney-in-fact can act immediately, without legal delays.

Risks and Warnings

However, a durable power of attorney also involves risks that must be carefully considered:

• Risk of fraud or exploitation: If you choose an unreliable attorney-in-fact, they may use the powers for their own benefit. This is called "elder abuse" and is a criminal offense in Israel, but proof can be difficult.
• Non-performance: The attorney-in-fact may fail to act in time, or may not act in the way you would have wished.
• Family conflicts: If you choose one child as the attorney-in-fact and the others disagree, friction may arise.
• Change in circumstances: If the attorney-in-fact moves abroad, becomes ill, or divorces, they may no longer be suitable.

Therefore, choosing a reliable attorney-in-fact and setting clear limitations are critical. We help you evaluate these carefully.

Comparison: Durable Power of Attorney versus Guardianship

If you do not create a durable power of attorney and a family member loses capacity, your relatives will need to petition the family court for a guardianship appointment. Here are the differences:

As can be seen, a durable power of attorney is a powerful and cost-effective tool compared to guardianship.

Practical Cases — How Enduring Power of Attorney Improves Lives

Case 1: Young Couple with Chronic Illness

Danny and Lior, ages 35 and 37, married for eight years, received a diagnosis of multiple sclerosis (MS) in Danny. They knew the disease could affect his ability to make decisions in the future. They consulted with attorney Rozil Amir and created a general enduring power of attorney in which Lior is the attorney-in-fact. A few years later, when Danny temporarily loses consciousness following an attack, Lior can immediately manage bank accounts, handle health insurance, and make medical decisions, without requiring a court proceeding. This saved them months of family stress and thousands of shekels in legal proceedings.

Case 2: Elderly Woman Concerned About Real Property

Miriam, age 72, owns a long-standing apartment in Tel Aviv and a substantial bank account. She fears that if she becomes ill, her daughter will need to enter court proceedings to manage her assets. She created a financial enduring power of attorney that grants her daughter authority to manage the apartment, pay utilities, sell the apartment if necessary, and manage the bank account. A year later, when Miriam suffered a minor stroke, her daughter was able to immediately enter the apartment, pay for repairs and medical tests, and proceed without legal interruption.

Case 3: Family with Young Children

Oren and Nitza, ages 40 and 38, have three daughters ages 5, 8, and 11. They created a joint will and an enduring power of attorney in which each is the attorney-in-fact for the other. Additionally, they appointed a guardian for the daughters (Oren's brother) in case something happens to them. This ensures that if something happens to both of them, the daughters will be cared for gently by someone they know, and their assets will be managed according to their predetermined wishes.