What is an Enduring Power of Attorney and Why is Its Revocation Important

An enduring power of attorney is a legal document that grants another person (the attorney-in-fact) authority to act on your behalf and in your name in various matters — financial, banking, family, and governmental — even if you are unable to act yourself. Unlike a regular power of attorney that terminates upon your death or loss of capacity, an enduring power of attorney remains in effect even under these conditions, making it an essential tool for future planning.

However, circumstances often change: family relationships deteriorate, attorneys-in-fact do not perform as expected, or you simply want to regain control of your affairs. In all these cases, revocation of an enduring power of attorney is your right, and provided you have mental capacity, you can revoke it at any time.

The Law Offices of David Wasserman provide professional guidance at every stage of the revocation process — from preparing the required legal documents to implementing the revocation with banks, tax authorities, social security, and other government entities. We understand the complexity of these situations and work to protect your rights while avoiding legal complications.

Why This is Legal and Important

In Israel, the revocation of an enduring power of attorney is governed by the Power of Attorney Law, 5748 (1988). The revocation must have full legal force to ensure that third parties — banks, tax authorities, social security — recognize it. Experience shows that improper revocation or lack of documentation can lead to delays, transaction disruptions, and legal complications lasting months.

Legal Procedures for Revoking an Enduring Power of Attorney — Step by Step

The process of revoking an enduring power of attorney involves several coordinated steps. A clear understanding of each step helps you avoid mistakes and legal delays.

Step 1: Initial Legal Assessment

At this stage, your attorney reviews the original enduring power of attorney document, identifies the type of powers granted, the name of the attorney-in-fact, and any special conditions. This review is essential to ensure that the revocation has a strong legal basis and to identify any potential complications.

Step 2: Preparation of the Revocation Document

Your attorney prepares a formal revocation document that complies with legal requirements. This document must include: your full name and identification number, details of the original power of attorney (date, name of attorney-in-fact), a clear statement of revocation, your signature in the presence of witnesses or a notary (as required), and the date. The document must be precise and legally compliant.

Step 3: Documentation by Notary or Witnesses

Typically, the revocation of an enduring power of attorney must be documented in the presence of a public notary or two competent witnesses. This documentation adds legal force to the document and facilitates its acceptance by third parties. Our office assists in coordinating the notary and ensuring proper documentation.

Step 4: Notice to the Attorney-in-Fact (in certain cases)

In certain cases, it is advisable to notify the attorney-in-fact of the revocation, especially if they have acted on your behalf previously or if they hold funds or assets in their care. This notice should be in writing and sometimes must be documented. In cases of conflict of interest or suspected misuse, this notice is legally important.

Step 5: Notice to Relevant Entities

Following the revocation of the power of attorney, you must notify your bank, the tax authority, social security, the land registry (if relevant), and any government or private entity where the attorney-in-fact has acted on your behalf. This notice must be in writing and should be retained for documentation. Our office handles these notices on your behalf, ensuring that every entity is aware of the revocation.

Step 6: Closure and Monitoring

After sending the revocation notice, it is advisable to follow up with each entity to ensure that the revocation is properly recorded in their systems. This is especially important with banks, where still-active powers of attorney may lead to unauthorized transactions.

Scenario Comparison: When and Why to Cancel a Continuing Power of Attorney

Cancellation of a continuing power of attorney is not always the right step, and the decision depends on your circumstances. Below is a comparison of common scenarios:

In every scenario, David Wasserman Law Office evaluates your unique situation and develops a legal strategy tailored to your needs.

Costs and Typical Ranges — What Does Continuing Power of Attorney Cancellation Cost

The cost of cancelling a continuing power of attorney varies depending on case complexity, the type of powers granted, and the number of entities that need to be notified. Below are typical ranges:

• Simple Cancellation (no complications): ₪1,500–₪2,500. This includes document preparation, notarization, and notification to one or two entities.
• Moderate Cancellation (multiple entities, complicated family situation): ₪2,500–₪4,500. This includes managing relationships with banks, tax authorities, national insurance, and additional entities.
• Complex Cancellation (conflicting interests, suspected misuse, legal review): ₪4,500–₪7,000 and above. This includes legal review of previous agent actions, comprehensive legal advice, and representation in additional legal transactions if required.

It is important to note: these costs are estimates only, and the final cost will depend on the specific details of your case. David Wasserman Law Office provides a clear cost estimate before beginning work, and this does not obligate you to anything.

Exercise of Continuing Power of Attorney — Is It Related?

Often, people also ask about exercise of continuing power of attorney — that is, how an agent uses the powers granted to them. This exercise is not directly related to cancellation, but it is relevant if you are concerned about misuse. If you suspect an agent is using powers improperly, an attorney can take legal steps to protect yourself, including immediate cancellation of the power of attorney.