Durable Power of Attorney in Israel
A Safe and Effective Legal Tool to Secure Your Future
A durable power of attorney is a legal document that allows you to determine in advance who will manage your affairs if you become unable to do so. You decide the conditions under which the power of attorney takes effect, the identity of the appointed representative, the scope of decisions they may make on your behalf, and whether they will handle all or only some of your affairs.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
What Happens When You or a Loved One Can No Longer Make Independent Decisions?
In April 2017, a landmark amendment to the Legal Capacity and Guardianship Law introduced an important legal tool: the durable power of attorney. This legal document allows individuals to decide — while they are still healthy and of sound mind — who will make decisions on their behalf in the future, should they become unable to care for themselves. Unlike the traditional guardianship process, a durable power of attorney is a straightforward and efficient procedure. The following article explains how it works.
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The Amendment to the Law
We are all familiar with the difficult situation in which a person can no longer make decisions independently, whether due to physical or cognitive decline. Sometimes this results from aging, and sometimes from illness or an accident — which can occur at any age. Until recently, the only available solution was the appointment of a guardian, a lengthy legal process typically initiated when the individual is no longer able to express their preferences on this critical matter. This meant that the person in need of a guardian had no say in choosing who would serve as guardian or in defining the nature and scope of the guardian’s authority.
Recognizing the need for reform, the legislature introduced an alternative: the durable power of attorney. What are the key differences between a durable power of attorney and a guardianship appointment?
What Is a Durable Power of Attorney? How Much Does It Cost?
A durable power of attorney is a legal document that enables you to determine in advance who will manage your affairs when you are no longer able to do so. In the document, you specify the conditions under which the power of attorney takes effect, the identity of your appointed representative, the decisions they are authorized to make on your behalf, and whether they will handle all or only certain aspects of your affairs. You may also appoint multiple representatives, each responsible for different areas.
This means that unlike a guardianship appointment, a durable power of attorney preserves your autonomy and allows you to control every detail. Two additional key differences are worth noting: First, appointing a guardian requires a court application — a process that is often delayed by disagreements among family members. A durable power of attorney, by contrast, does not require court involvement. Second, when drafting a durable power of attorney, you may stipulate that the representative is exempt from supervision and reporting obligations to the Administrator General — requirements that are mandatory in guardianship proceedings and often burdensome for the guardian.
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Given the significant advantages of a durable power of attorney over guardianship, the question becomes: whom should you consult to prepare this document? Due to its far-reaching legal implications, the legislature has mandated that a durable power of attorney must be prepared by an attorney who has completed specialized training in this area. The attorney’s role is threefold: first, to ensure that the principal fully understands the importance and consequences of the document; second, to confirm that the principal has selected the most suitable representative and is comfortable with the decision; and third, to carefully draft the document in accordance with the principal’s instructions — covering the effective date, the scope of authority, decision-making procedures, alternate representatives, revocation provisions, and more.
Durable Power of Attorney Through an Experienced Family Lawyer
Preparing a durable power of attorney requires a thorough understanding of the relevant legal framework. At Mor & Co. Law Firm, we provide professional legal services for durable powers of attorney and strongly recommend consulting an attorney who specializes in family law and guardianship matters to make the right decision for you.
Our family law department has over 15 years of experience in this area. We handle complex family and guardianship cases and represent clients in court proceedings. Our firm’s strength lies in our deep expertise in durable power of attorney matters, and we are committed to making that expertise available to our clients while carefully managing every aspect of the legal process and protecting the principal’s interests.
For legal advice on durable power of attorney matters, contact us at 02-595-3322 or on WhatsApp at 050-441-1343.