Who Can Sign a Durable Power of Attorney? | Attorney Rozil Amir

Understanding Durable Power of Attorney: Who is Authorized to Sign?

A durable power of attorney is an essential legal instrument that enables a person (principal) to transfer legal and financial powers to another person (attorney-in-fact), even in the event of loss of legal capacity. Unlike a regular power of attorney, which becomes void when the principal loses capacity, a durable power of attorney remains in effect and allows management of essential matters such as medical decisions, property management, or family obligations.

The question "Who can sign a durable power of attorney" is of great importance to individuals planning their legal future, young couples, families, and those with substantial assets. The answer depends on three fundamental pillars: legal age, legal capacity, and the existence of informed consent.

Age Requirement: From What Age Can One Sign?

In Israel, only a person who has reached the age of 18 can sign a durable power of attorney. This is a basic legal requirement based on the Law of Capacity and Guardianship. A person aged 18 is considered to possess full legal capacity and can bind themselves through legal agreements.

It is important to note that there is no upper age limit. A person aged 70, 80, or even 90 can sign a durable power of attorney, as long as they possess full legal capacity at the time of signing. This is a particularly critical matter for elderly individuals who wish to prepare themselves for a possible future decline in capacity.

Legal Capacity: The Central Condition

In order to sign a durable power of attorney, the principal must possess full legal capacity at the time of signing. Legal capacity means the legal ability to make decisions, understand the meaning of the action and its implications, and express informed consent. If a person suffers from mental illness, dementia, or if a court has determined that they lack capacity, they cannot validly sign a durable power of attorney.

It is important to emphasize: capacity is evaluated at the time of signing, not in the future. If a person signed a durable power of attorney while in full possession of their capacity and subsequently lost capacity (for example, due to dementia), the power of attorney remains in effect — and this is precisely the point of "durable."

Informed Consent and Proper Documentation

It is not enough for a person aged 18 or older to sign the power of attorney. The signature must be informed, voluntary, and not under duress or deception. Experienced law offices, such as ours, acknowledge that many cases of invalid powers of attorney result from signing under family pressure or lack of clear understanding of the meaning.

To ensure full validity, it is important to properly document the signing process. In Israel, a durable power of attorney can be signed before two witnesses, before an attorney-at-law, or before a public authority (such as the notary registry). Each method provides different levels of legal protection.

Who Exactly Can Execute a Durable Power of Attorney?

While the general answer is "any person aged 18 and above with legal capacity," there are specific scenarios worth understanding:

Single or Married Individual

Both single and married individuals can execute a durable power of attorney. There is no legal requirement for a spouse or partner to sign together, although in some cases (such as transactions involving jointly owned real estate) joint signature may be necessary. A durable power of attorney is generally a personal action, although it carries significant family importance.

Person with Physical or Hearing Disabilities

A person with physical disability, hearing impairment, blindness, or mobility limitations can execute a durable power of attorney, provided they possess full legal capacity. Special arrangements may be necessary for execution (for example, additional witnesses, assistance of a sign language interpreter, or special documentation), but these do not prevent the power of attorney from being valid.

Person with Mild or Moderate Cognitive Disability

This is a sensitive and important scenario. A person with cognitive disability (such as dyslexia, mild intellectual disability, or attention difficulties) can execute a durable power of attorney if they are able to understand the meaning of the action. However, the person arranging the power of attorney (usually an attorney) must conduct a careful capacity assessment and explicitly document the understanding. If there is doubt, a formal medical or psychological evaluation can be requested.

Person in Early Stages of Dementia

If a person approaches an attorney in very early stages of dementia or cognitive decline, and it is clear they understand the action, it may proceed. However, this requires rigorous legal documentation and sometimes medical approval. In certain cases, a court may intervene if there is doubt regarding capacity.

Person Already Under Guardianship

This is a complex scenario. If a person is already under guardianship (meaning a court has already determined they lack capacity), they cannot execute a new durable power of attorney. However, if the guardian wishes to assign additional tasks to an attorney-in-fact, they can do so through a regular power of attorney on behalf of the incapacitated person.

The Process of Signing a Durable Power of Attorney: Practical Steps

In order for a durable power of attorney to have full legal validity, a specific process must be followed:

Step 1: Competency Assessment and Legal Consultation

First and foremost, it is important to consult with an attorney experienced in this field. The attorney will conduct an in-depth discussion to understand your situation, the type of decisions you wish to transfer, and ensure that you possess full legal competency. This is also an opportunity to understand the legal and financial implications of the power of attorney.

Step 2: Selection of the Attorney-in-Fact

This is the most important part. The attorney-in-fact will be responsible for significant matters of yours. Choose a person you trust completely, who has the time and ability to handle these matters, and who is willing to assume this responsibility. Typically, this is a spouse, an adult child, or a close friend.

Step 3: Preparation of the Document

An attorney will prepare a durable power of attorney document tailored to your needs. The document will clearly state: who is granting the power (you), who is the attorney-in-fact, what powers are being transferred, and any special conditions (if applicable). The document must be in clear Hebrew, without ambiguities.

Step 4: Signing in the Presence of Witnesses or an Attorney

A durable power of attorney must be signed in the presence of witnesses or before an attorney. Generally, two independent witnesses are sufficient. If signed before an attorney, this provides a higher level of legal protection. The witnesses or attorney must attest that the signature is made knowingly and freely.

Step 5: Storage and Accessibility

After signing, keep a copy of the power of attorney in a safe place. You must also provide a copy to the attorney-in-fact and to any relevant party (bank, medical institution, etc.) so they can verify the power of attorney when it is presented.

Comparative Table: Who Can Sign Different Powers of Attorney

The table presents a general comparison in accordance with Israeli law as applicable in 2026. Each case has unique details requiring personal legal counsel.

Practical Tips: How to Ensure a Valid Lasting Power of Attorney

1. Choose an Attorney with Experience in the Field

Do not sign a lasting power of attorney without professional legal advice. An attorney experienced in family law, wills, and inheritance knows how to prepare a legally strong document and will ensure that all legal requirements are met. Our firm, Rozil Amir Law Office, specializes in this area and provides personalized and meticulous guidance at every stage.

2. Document Your Capacity Clearly

During your meeting with the attorney, speak openly about your health condition, any diagnoses or medications, and your understanding of the power of attorney. A good attorney will document this clearly and may request medical confirmation if there is any doubt about your capacity. This documentation will be invaluable if legal disputes arise in the future.

3. Choose Your Attorney-in-Fact Wisely

This is not an easy choice. Select a person you trust completely, who has the time and ability to serve, and who has no conflict of interest (for example, a spouse who could benefit financially from the power of attorney). It is preferable that your attorney-in-fact be a close family member or friend with whom you can demonstrate a long-term relationship.

4. Keep Multiple Copies

After signing, keep at least three copies: one for yourself, one for your attorney-in-fact, and one in a secure location (bank safe, attorney's office). Distribute copies to relevant institutions (banks, medical facilities) so they can verify the power of attorney when presented.

5. Review the Power of Attorney Periodically

If years pass between signing and the need to use the power of attorney, it is advisable to return to your attorney and update the document. This ensures that the power of attorney reflects your current circumstances and choices.

6. Communicate with Your Family

Do not keep your lasting power of attorney a secret. Discuss your decisions with your spouse, your children, and your attorney-in-fact. This will reduce the risk of family disputes in the future and ensure that everyone understands your plan.