What is a Durable Power of Attorney and Why is it Important?

A durable power of attorney is a vital legal document that allows you to transfer decision-making authority to another person (the attorney-in-fact) even if you become incapable of making decisions yourself. Unlike an ordinary power of attorney, which is revoked upon loss of capacity to sign or decide, a durable power of attorney remains valid even when you cannot make decisions independently — for example, due to dementia, brain injury, serious illness, or old age.

In Israel, the durable power of attorney is regulated under the Guardianship Law, 5725-1965, and has significant legal implications for asset management, medical decision-making, and execution of legal acts. Proper drafting of this document prevents situations of legal uncertainty and protects your rights and the rights of your family members.

Why Do Israeli Families Choose a Durable Power of Attorney?

• Preservation of Autonomy: You choose who will make decisions on your behalf, not the court.
• Avoidance of Guardianship Proceedings: Without a durable power of attorney, your family may be required to petition for formal guardianship in court.
• Privacy and Cost Savings: A more private process than an open legal proceeding.
• Asset Protection: A legal document that protects your assets from misuse or neglect.

Law Offices of David Wasserman in Modiin provides professional guidance at all stages of drafting and filing a durable power of attorney, ensuring the document accurately reflects your wishes and meets all legal requirements.

Drafting and Deposit of Lasting Power of Attorney — Step by Step

Drafting and deposit of a lasting power of attorney is a structured and legal process that requires high legal care. Below are the main steps:

1. Initial Consultation and Clarification of Your Intentions

At this stage, your attorney understands your family situation, your assets, who your attorneys-in-fact (agents) are, and how you wish them to act. This includes a discussion of powers: Will the agent be able to decide on all matters (health, finances, property) or only some of them? Would you like to appoint multiple agents for different areas?

2. Drafting of the Document

Your attorney drafts the lasting power of attorney document in accordance with the requirements of the Guardianship Law. The document must contain accurate details: your full name, ID number, details of the agents, a clear description of the powers they will receive, and any conditions you wish to impose on them. Errors or lack of clarity at this stage may cause legal problems in the future.

3. Signature in the Presence of Witnesses

A lasting power of attorney must be signed in the presence of two witnesses who are not relatives or have a vested interest in the matter. In recent times, it is also possible to sign in the presence of an attorney or notary, but the statutory requirements must be strictly observed. The signature must be executed with full knowledge and understanding of the content and its meaning.

4. Deposit with the Public Guardian

After signing, the document must be deposited with the Public Guardian in coordination with his office. This deposit ensures that the document will be registered and available for verification when needed. You may also deposit a copy with your attorney or with a bank.

5. Updates and Retention

After deposit, it is important to retain copies and inform your agents of the existence of the document and their powers. As needed, you can update or modify the lasting power of attorney in accordance with changes in your circumstances.

Durable Power of Attorney — Price, Fee Schedule and Typical Costs

The cost of drafting and filing a durable power of attorney varies depending on case complexity, number of agents, and required powers. Below is an overview of typical cost ranges in Israel:

Durable Power of Attorney Drafting Fee Schedule

• Basic durable power of attorney (single agent, general powers): ₪1,500–₪2,500 — includes drafting, execution, and basic guidance.
• Complex durable power of attorney (multiple agents, divided powers, special conditions): ₪2,500–₪4,500 — includes in-depth consultation, detailed drafting, and execution support.
• Filing with the Public Guardian: ₪300–₪500 — filing cost and legal coordination.
• Additional legal consultation (update, review of existing document): ₪800–₪1,500 — depending on scope of work.

It is important to note that different law offices may offer different prices based on experience, location, and additional services. Choosing an attorney with experience in this field ensures that the cost reflects the legal value of the document and the protection it provides.

How Do Different Factors Impact the Cost?

• Number of agents: More agents = more powers and management = higher cost.
• Special powers: If you wish to limit powers or add special conditions, this requires more precise drafting.
• Drafting of additional documents: If a will or additional family agreements need to be drafted, the cost will increase accordingly.
• Consultation on complex matters: If there is a complicated family situation, special health requirements, or complex asset management, additional consultation may be necessary.

Comparative Table — Scenarios and Types of Enduring Power of Attorney

Below is a comparison of different scenarios and how to handle each one:

Each scenario requires thorough legal examination to ensure that the enduring power of attorney accurately reflects your needs and preferences.