A durable power of attorney is an important legal document that allows you to grant another person (known as a "attorney-in-fact" or "agent") the authority to manage your personal affairs, property, and family matters, even if you lose the ability to do so yourself—due to illness, old age, incapacity, or any other reason. Unlike a regular power of attorney, which terminates when you lose decision-making capacity, a durable power of attorney remains in effect even after you can no longer make decisions on your own.

In Israel, a durable power of attorney is regulated by the Durable Power of Attorney Law (Temporary Provision), 5771–2011, as well as additional directives from the Ministry of Justice. An experienced attorney in this field will ensure that the document is drafted in compliance with legal requirements, is protected against future challenges, and reflects your true intentions.

It is important to understand that a durable power of attorney is not the same as a will. A will regulates the distribution of your property after your death, while a durable power of attorney deals with the management of your affairs during your lifetime when you are unable to do so yourself. Both documents complement each other and are essential for comprehensive family planning.

Why is a Durable Power of Attorney Important?

• Protection of your rights: Prevents court involvement or intervention by the Public Guardian in daily decisions.
• Preservation of your dignity: Allows you to choose who will care for you and your affairs, rather than having the state appoint someone.
• Family peace of mind: Prevents disputes among family members about who should make decisions on your behalf.
• Flexibility and cost savings: More affordable and simpler than a guardianship proceeding in court.
• Protection of privacy: Matters remain within the family, without interference from government agencies.

The Law Office of David Wasserman understands that this is a sensitive and important matter. We guide you through every step—from choosing your attorney-in-fact, through careful drafting of the document, to its secure filing.

The process of drafting and depositing a continuing power of attorney includes several essential legal steps. Understanding each step ensures that the document is valid, protected, and meets all statutory requirements.

Step 1: Initial Consultation and Planning

At this stage, you meet with our attorney to discuss your needs, concerns, and your vision for the future. We ask: who would you like to be your attorney-in-fact? Do you want three different people for different areas (property, health, family matters)? Do you have specific concerns? At this stage, we also review your family situation, your assets, and all related aspects.

Step 2: Document Drafting

Following the consultation, we draft the continuing power of attorney in accordance with legal requirements and your specific needs. The document must be:

• Written in clear and unambiguous Hebrew.
• Signed by you before a legal witness (often an attorney or notary public).
• Reinforced with signatures and seals to prevent future challenges.
• Detailed regarding the powers you grant to the attorney-in-fact.

Step 3: Secure Deposit

Once the document is drafted and signed, we ensure its deposit in a safe location. You can deposit your continuing power of attorney:

• At our office: Secure, protected, and accessible when needed.
• At the office of the Public Guardian: More formal, but requires an issuance process.
• With your bank: Some banks offer a legal document deposit service.
• At your home: If you choose to do so, we will ensure it is stored securely (home safe, for example with another family member).

Step 4: Future Management and Updates

Laws change, and your personal circumstances may change. We recommend reviewing your continuing power of attorney every few years, especially if there is a significant change in your life (marriage, divorce, birth, death of a family member). If you wish to replace an attorney-in-fact or add new powers, we are here to update the document.

A common question we hear is: "How much does a durable power of attorney cost?" The answer depends on the complexity of your situation, the scope of powers you wish to grant, and whether you need additional family legal consultation.

Durable Power of Attorney Price Guide — Typical Cost Ranges

In Israel, the cost of drafting and executing a durable power of attorney varies between law firms. Below is a typical cost range:

What Affects the Price?

• Number of attorneys-in-fact: If you want three different people for different areas, it will cost more than one person.
• Scope of powers: Limited powers (financial matters only) cost less than full powers (finance, healthcare, family).
• Complexity of assets: If you have a business, real estate, or complex investments, this requires deeper drafting.
• Background checks and family consultation: If you want us to assess the capability of the attorney-in-fact or discuss family disputes, this adds to the cost.

Why Choose an Experienced Attorney?

You may be tempted to seek cheaper alternatives — online durable power of attorney, ready-made templates, or an attorney with minimal experience. However, this could lead to serious legal problems in the future. An experienced attorney ensures:

• The document complies with all Israeli legal requirements.
• It is protected against challenges by family members or others.
• It is recognized by banks, hospitals, and government offices.
• You receive personalized advice tailored to your specific needs, not a generic template.

The Law Office of David Wasserman offers fair and fixed pricing, with no hidden fees. We also offer payment plans if that is helpful to you. Let's discuss the exact price for your needs — call us or leave your details to receive a free quote.

One of the most important considerations in drafting a durable power of attorney is choosing the attorney-in-fact — the person who will handle your affairs when you cannot do so yourself. This is a profound personal decision, and we are here to help you think through it clearly.

Who Can Be an Attorney-in-Fact?

An attorney-in-fact must be:

• A person with full legal capacity (at least 18 years old and not under guardianship).
• Someone you trust completely — a family member, close friend, or even an attorney if you prefer.
• Someone who has the time and willingness to handle legal and financial responsibilities.
• Someone who does not have a significant conflict of interest (for example, a family member who is financially dependent on you).

Questions You Should Ask Yourself

Before choosing an attorney-in-fact, ask yourself:

• Do I truly believe this person will act in my best interest and not their own?
• Does this person have the management skills to handle property, banks, and government offices?
• Can he or she resist pressure from other family members?
• What happens if my attorney-in-fact becomes ill, dies, or becomes unavailable?

Appointing Multiple Attorneys-in-Fact

Some people choose to grant different powers to different individuals. For example:

• Attorney-in-fact for financial matters: A family member who understands business or finance.
• Attorney-in-fact for healthcare matters: A close family member who understands your healthcare values.
• Attorney-in-fact for family matters: A family member who speaks for your values in family matters.

This allows you to distribute responsibilities and avoid overburdening one person. However, it requires careful legal planning — we will ensure there are no conflicts between the attorneys-in-fact.

When You Are Uncertain

If you are not entirely sure who should be your attorney-in-fact, or if you are concerned about "family drama," consider speaking with one of our attorneys. We can help you evaluate your options, navigate complex family dynamics, and even suggest alternative solutions (such as appointing an attorney or external institution as attorney-in-fact if that is appropriate).