What is an Enduring Power of Attorney?

An enduring power of attorney is a vital legal document that enables a person (the principal) to transfer legal powers to another person (the agent) to act on their behalf, even if they lose their mental capacity in the future. Unlike a regular power of attorney, this document remains valid even when the principal can no longer make decisions themselves – hence its critical importance.

In Israel, an enduring power of attorney is regulated under the Powers of Attorney Law (Continuing Powers), and it is an essential legal tool for personal future planning. It serves financial matters, medical and housing issues, as well as asset and business management.

Who Should Have One?

An enduring power of attorney is recommended for every adult, especially those of advanced age, individuals suffering from chronic illnesses or medical conditions requiring planning, and those with significant assets or family responsibilities. This document gives you advance control over who will act on your behalf, rather than allowing the court to determine this in your absence.

Key Benefits of an Enduring Power of Attorney

• Self-Determination: You choose who your agent will be, not a court or family members.
• Cost Savings: An enduring power of attorney prevents the need for complex and time-consuming court proceedings in the future.
• Privacy and Dignity: The document remains private, unlike public court proceedings.
• Smooth Asset Management: The agent can manage bank accounts, real estate, investments, and more, without delays.
• Legal Flexibility: You determine when the document takes effect and exactly which powers the agent will have.

Step 1: Initial Legal Consultation

The first meeting with the attorney is designed to understand your personal situation, your assets, your family, and your goals. We ask detailed questions to understand exactly which powers you want to transfer, to whom, and under what conditions. This is a critical step that prevents legal issues in the future.

Step 2: Selection of the Attorney-in-Fact (or Attorneys-in-Fact)

The attorney-in-fact must be a person you trust absolutely, as they will have significant powers over your life and accounts. You can appoint more than one attorney-in-fact (for example, two children) or an alternate attorney-in-fact who will act if the first attorney-in-fact is unable to do so. Our attorney will explain the legal duties of the attorney-in-fact, so you can be confident in your choice.

Step 3: Determining Powers and Conditions

Not every attorney-in-fact must receive powers in every area. You can restrict the attorney-in-fact to managing bank accounts only, or grant them broad powers over real estate, inheritance, medical decisions, and more. We explain the implications of each choice and help you determine what makes sense for your situation.

Step 4: Document Preparation

The attorney prepares the power of attorney document in accordance with the requirements of Israeli law. The document must be accurate, clear, and signed with an authenticated signature (usually before witnesses or an attorney). We use dedicated templates that we have refined over years of experience.

Step 5: Signing and Execution

The signature on enduring power of attorney must be executed before witnesses or before an attorney, in accordance with legal requirements. We manage all technical procedures, ensure the document is valid, and arrange for issuance and retention of certified copies.

Step 6: Safekeeping and Updates

After signing, it is important to keep the document in a safe place and notify your attorney-in-fact of its existence. Over the years, you may want to change your attorney-in-fact or the powers granted – and we will help you update the document as needed.

How much does a durable power of attorney cost?

The price of a durable power of attorney in Israel depends on the degree of complexity, the type of powers, and the level of legal consultation you require. David Wasserman Law Office offers transparent and reasonable pricing, without surprises or hidden costs.

Typical cost range

Israeli Bar Association recommended pricing

The Israeli Bar Association has published recommended pricing guidelines for lawyers to ensure fair and affordable service. David Wasserman Law Office complies precisely with these guidelines, and sometimes even below them, because we believe in making quality legal services accessible.

Durable power of attorney for bank – additional costs?

When you submit a durable power of attorney to your bank (such as Bank Leumi, Bank Hapoalim, or other banks), the bank may require its own forms or additional legal certification. These costs are typically the bank's responsibility, not the lawyer's. We assist you in submitting the documents to the bank and handling all required bureaucracy.

Durable power of attorney for Yad Sarah

Yad Sarah (an elderly care support fund) requires a certified durable power of attorney to manage affairs on behalf of their beneficiaries. We prepare documents that comply with Yad Sarah's requirements, and through direct consultation with the fund, we ensure that the document will be accepted without complications.

What Happens if You Don't Have a Lasting Power of Attorney?

Without a lasting power of attorney, if you lose your capacity to make decisions (due to dementia, stroke, accident, or another illness), the court will need to appoint an estate administrator or guardian on your behalf. This is a lengthy, expensive, and public process – all your personal details will be known to the court and authorities. Additionally, the court may choose a person you would not have chosen yourself.

The Importance of Legal Advice

An experienced attorney in this field will review all details of the document and ensure it is legal, clear, and unlikely to be delayed or rejected by a bank, court, or other authority. We also help you avoid common mistakes, such as choosing an unsuitable representative or granting powers that should not be in their hands.

Protection Against Exploitation

An untrustworthy representative could misuse a lasting power of attorney – transferring money, selling assets, or acting against your interests. David Voserman Law Office explains how to choose a trustworthy representative, how to limit their powers, and how to maintain oversight of their activities. We also assist in establishing control mechanisms, such as requiring periodic reports from the representative.

Revocation or Amendment

You can revoke or amend the power of attorney at any time, as long as you retain mental capacity. This is important to know, because if your circumstances change (for example, your representative moves abroad), you can replace them. Our attorney will ensure that the revocation or amendment is carried out lawfully.