What is an Enduring Power of Attorney and Why is it Essential?

An enduring power of attorney (Enduring Power of Attorney) is a legal document that allows you to transfer decision-making powers to an attorney-in-fact — a person of your choice — even if you become incapacitated in the future due to illness, old age, or any other reason. Unlike a regular power of attorney, which terminates when you become incapacitated, an enduring power of attorney remains in effect precisely when you need help the most.

In Israel, an enduring power of attorney is regulated under the Supervision of the Disabled Law and the Powers of Attorney Law. It is also used in the context of banks, government authorities, and social services, and each institution may have different requirements regarding the document's validity.

Filing an enduring power of attorney with the appropriate authorities is a critical step that ensures your attorney-in-fact will be able to exercise powers when needed, without legal or bureaucratic obstacles. An experienced attorney will ensure that all legal requirements are met and that the document is recognized by all relevant parties.

Why Should You File an Enduring Power of Attorney?

• Peace of Mind: You know that vital decisions will be made by someone you trust, rather than being decided by a court.
• Legal Accuracy: Official filing prevents family disputes and challenges to the document's validity.
• Speed of Resolution: When your attorney-in-fact needs to make decisions, there is no need for court proceedings — the document is already recognized.
• Flexibility: You can set specific conditions regarding when and in which matters your attorney-in-fact may make decisions.

Continuous Power of Attorney Filing Process — Step by Step

Filing a continuous power of attorney is a structured process that requires careful attention to legal details. The Law Offices of David Wasserman will ensure that each step is executed properly:

Step 1: Initial Legal Consultation

At this stage, we understand your needs, your family situation, your assets, and the decisions you wish to delegate. We also examine the choice of attorney-in-fact — this should be a person you trust absolutely, as they will often have access to sensitive information and assets.

Step 2: Document Drafting

Our attorney will draft a continuous power of attorney document that complies with legal requirements and addresses your specific circumstances. The document will clearly specify the powers of the attorney-in-fact, any conditions (if applicable), and the effective date.

Step 3: Signature in the Presence of Witnesses

A continuous power of attorney must be signed in the presence of two independent witnesses (who are not family members and have no interest in the matter). Some institutions, such as banks, may provide their own witnesses. In some cases, attestation by an attorney or notary public can strengthen the validity of the document.

Step 4: Filing with Appropriate Institutions

After signing, the document must be filed with the appropriate institutions — banks, Yad Sarah, the Ministry of Health, or other authorities. Each institution may have different requirements. The Law Offices of David Wasserman will handle all correspondence and filings to ensure the document is accepted and valid.

Step 5: Ongoing Management

After filing, we update your file and verify that the document remains valid. If there are changes in your circumstances or choice of attorney-in-fact, we can update the document accordingly.

Durable Power of Attorney Price — What You Can Expect

The price of a durable power of attorney varies according to the complexity of the case, the number of authorities you wish to transfer, and the number of attorneys-in-fact. The Israel Bar Association has set a recommended price, but boutique law firms such as Attorney David Wasserman's office may offer flexible pricing according to your needs.

Typical Cost Ranges

Legal Note: The recommended durable power of attorney price according to the Israel Bar Association may be lower; however, a boutique attorney may offer more detailed service, personal accompaniment, and in-depth consultation. Attorney David Wasserman's office offers transparent pricing and will always clarify the cost with you before commencing work.

Durable Power of Attorney at Banks — Requirements and Importance

Banks in Israel recognize durable power of attorney as a valid legal document, but they often have specific requirements of their own. When you want your attorney-in-fact to manage your bank account, transfer funds, or make financial decisions on your behalf, the bank will expect to see a valid durable power of attorney.

Bank Requirements for Durable Power of Attorney

• Signature in the Presence of Witnesses: Banks require two independent witnesses. Some banks offer to serve as witnesses themselves.
• Certification by an Attorney or Notary: Some banks require certification by an attorney or notary public regarding the validity of the document.
• Original Document or Certified Copy: The bank typically requires the original document or a certified copy.
• Bank Form: Some banks offer their own form that must be completed in addition to the power of attorney.
• Identification of the Attorney-in-Fact: The bank must verify the identity of the attorney-in-fact and obtain their signature.

The law office of David Wasserman will ensure that your durable power of attorney meets all bank requirements and will handle all necessary documents so that your attorney-in-fact can make decisions on financial matters.

Durable Power of Attorney and Yad Sarah

Yad Sarah is a non-profit organization that supports elderly and ill individuals in Israel. If you are elderly or ill and need assistance managing your daily life, Yad Sarah may offer services. A durable power of attorney may be relevant when you want an attorney-in-fact to make decisions on your behalf regarding health, family, or financial matters.

Yad Sarah may have its own requirements regarding the validity of the power of attorney. An experienced attorney will ensure that the document also complies with Yad Sarah's requirements.