An enduring power of attorney is an important legal document that allows you to grant another person (called a general guardian) the authority to make decisions on your behalf regarding vital matters in your life and property, even if you become incapacitated or unconscious. Unlike a regular power of attorney that ends when you become incapacitated, an enduring power of attorney remains in effect precisely when you need it most.

In Israel, an enduring power of attorney is governed by the Capacity and Guardianship Law (Amendment No. 4), 2005, and constitutes a vital legal tool for responsible family planning. It gives you full control over who will handle your affairs when you cannot do so yourself, while avoiding lengthy and costly court proceedings.

Why Is an Enduring Power of Attorney Important?

• Independent control: You choose your guardian, not the court.
• Protection of your assets: A trusted representative can make banking transactions, sell real estate, and manage investments.
• Medical decisions: A guardian can consent to medical treatment on your behalf.
• Daily management: Mortgage, electricity, telephone, insurance — everything can be managed by someone you trust.
• Family privacy: A private process, not a public court proceeding.

What Is the Difference Between a Regular Power of Attorney and an Enduring Power of Attorney?

A regular power of attorney terminates immediately when you become incapacitated (for example, due to Alzheimer's or an accident). An enduring power of attorney, by contrast, remains in effect at precisely that point. This is why it is critical for planning your future — it ensures that someone authorized will make decisions on your behalf when you cannot.

An enduring power of attorney can also be conditional — for example, "this power of attorney shall be in effect only if I become incapacitated" — or immediate, meaning it takes effect as soon as you sign it.

The process of creating a durable power of attorney requires careful legal planning and compliance with strict statutory requirements. Without professional legal counsel, defects may arise in its legal validity or in the definition of powers. The law firm David & Serman guides you through every step of the process.

Step 1: Initial Legal Consultation

In the initial meeting, we listen to your story. What are your concerns? Who do you want to be your attorney-in-fact? What are the most important decisions? We explain your rights, limitations, and the implications of a durable power of attorney. Not everyone needs a durable power of attorney — we help you decide if it is right for you.

Step 2: Selection of the Attorney-in-Fact

Choosing the right person is paramount. Your attorney-in-fact must be someone you trust absolutely — a family member, close friend, or even an organization (such as a bank or real estate management company). We help you understand what the role entails, which powers to grant, and how to protect yourself against possible abuse.

Step 3: Definition of Powers

A durable power of attorney can be broad or very narrow. You can grant your attorney-in-fact authority over all matters (real estate, finances, medical decisions) or only over a few specific areas. We help you phrase the powers precisely, so they are legal and clear.

Step 4: Witnesses and Signature

A durable power of attorney must be signed in the presence of witnesses (typically two independent witnesses). In some cases, approval by a physician or notary is also required. We arrange all these technical details to ensure full legal validity.

Step 5: Registration and Publication

After signing, the document must be filed with the court (usually the district court in your place of residence). This ensures the document is available to banks, hospitals, and government agencies when they need to verify the attorney-in-fact's authority.

Step 6: Ongoing Management

After a durable power of attorney is signed and registered, the attorney-in-fact can begin to act on your behalf. We can provide guidance to the attorney-in-fact regarding their legal responsibility, reporting and accounting, and how to avoid family disputes.

Frequently Asked Question: How much does a continuing power of attorney cost? The answer depends on several factors: the complexity of your case, the powers you wish to grant, and your attorney's fee schedule.

Continuing Power of Attorney Pricing According to the Israel Bar Association

The Israel Bar Association establishes a recommended fee schedule for attorneys. For a continuing power of attorney, the recommended fee typically ranges between 1,500 NIS and 3,500 NIS, depending on the scope of work. This includes:

• Initial legal consultation
• Preparation of the legal document
• Legal updates and verification that the document meets bar association requirements
• Assistance with signing and court registration

Continuing Power of Attorney Pricing at Banks and Other Organizations

Israeli banks (such as Bank Leumi, Bank Hapoalim, and Bank Discount) typically do not charge an additional fee for registering a continuing power of attorney. However, some banks require the document to be in their specific format or may require additional notarization.

Other organizations, such as Yad Sarah (services for the elderly) or real estate management companies, may also have their own requirements, but they generally accept a standard continuing power of attorney without additional cost.

Recommended Continuing Power of Attorney Pricing - What Do We Charge?

At David and Serman Law Office, we offer transparent and straightforward legal services. Our fee for a continuing power of attorney is in accordance with the Israel Bar Association guidelines, taking into account the scope of your case. If your case is simple (for example, a continuing power of attorney for a close family member with basic powers), the cost will be at the lower end. If you require a complex continuing power of attorney with special restrictions or multiple attorneys-in-fact, the cost may be higher.

It is important to note: This cost is an investment in your future well-being and your family's peace of mind. A properly executed continuing power of attorney can save you (and your family) tens of thousands of shekels in future court proceedings and legal matters.

Additional Costs: Medical Certification, Notarization

In some cases, the court or banks require a doctor's certification that you are mentally competent to sign a continuing power of attorney. This cost typically ranges between 200 and 500 NIS, depending on the physician. If you need notarization, this typically costs an additional 100-200 NIS.

When you want your guardian to be able to act on your behalf at a bank or with social services (such as Yad Sarah), you need to understand exactly how they receive a durable power of attorney.

Durable Power of Attorney at the Bank

When you sign a durable power of attorney, it is not automatic that your bank knows about it. You need to take additional steps:

• Notifying the Bank: You must go to your bank with a certified copy of the durable power of attorney and inform them that you have a valid durable power of attorney in effect.
• Guardian Identification: The bank will ask the guardian to prove their identity and sign the bank's forms.
• Banking Restrictions: Some banks limit the powers of a guardian. For example, they may not allow the guardian to take out a mortgage in the subject's name or make transfers abroad above a certain amount.
• Oversight: Some banks report large guardian actions to the court (such as the sale of real estate or large transfers).

Durable Power of Attorney and Yad Sarah

Yad Sarah is a government organization that provides services to the elderly and people with disabilities. If you want your guardian to be able to receive services from Yad Sarah on your behalf (such as home care, medical treatment, or senior discounts), you must notify Yad Sarah of your durable power of attorney.

Yad Sarah typically accepts a standard durable power of attorney, but they may request additional authorization or documents to verify that the guardian is indeed authorized to make decisions on your behalf.

Banks Do Not Automatically Know About a Durable Power of Attorney

Important point: Banks do not automatically receive notification when you sign a durable power of attorney. You must take this step yourself. This is why it is important to plan ahead and notify the relevant parties (banks, social services, employers) that you have a valid durable power of attorney in effect.