| Steps in making a durable power of attorney | Detail |
|---|---|
| 1. Deciding to make one | The grantor decides to make a durable power of attorney. |
| 2. Choosing a qualified lawyer | The document must be drawn up by a lawyer authorized to prepare durable powers of attorney. |
| 3. Choosing an attorney-in-fact | The grantor chooses a trustworthy person to act on his behalf. |
| 4. Defining areas of responsibility | Deciding the areas in which the attorney-in-fact will act (property, personal, medical). |
| 5. Drafting the document | The lawyer drafts the document according to the grantor’s wishes. |
| 6. Signing and explanation | The grantor signs the document after receiving a detailed explanation. |
| 7. Deposit | The document is deposited with the Administrator General. |
| 8. Entry into force | The document takes effect when the grantor loses capacity. |
An updated table for 2026 explaining the steps in making a durable power of attorney.
What is a durable power of attorney? A durable power of attorney is an important legal tool that lets a person plan for the future and make sure their wishes are respected even if they lose mental capacity. For anyone who wants to protect their own interests and their family’s, it is worth understanding exactly what this document does. In this article we explain what a durable power of attorney is, why it matters, and how it affects family and personal life.
-
Legal definition of a durable power of attorney
A durable power of attorney is a legal document in which a person (the grantor) appoints another person (the attorney-in-fact) to make decisions on their behalf in the future, if and when they can no longer make decisions for themselves. The tool came into effect in Israel in 2017, as part of an amendment to the Legal Capacity and Guardianship Law.
-
Types of durable powers of attorney
There are several types of durable powers of attorney, each covering a different area of life:
A. Durable power of attorney for property matters: Allows the attorney-in-fact to make decisions about managing the grantor’s property and finances.
B. Durable power of attorney for personal matters: Covers decisions about the grantor’s daily life, such as place of residence, personal care, and the like.
C. Durable power of attorney for medical matters: Allows the attorney-in-fact to make medical decisions for the grantor.
D. Combined durable power of attorney: Covers all of the above areas in one document.
-
The process of making a durable power of attorney
Making a durable power of attorney is a process that deserves careful attention:
A. Meeting a qualified lawyer: The law requires that a durable power of attorney be prepared by a lawyer specifically qualified for this.
B. Choosing an attorney-in-fact: You must choose a person who is trustworthy and capable of making difficult decisions.
C. Defining the powers: The document must specify which powers the attorney-in-fact will hold.
D. Signing and deposit: The document is signed before the lawyer and deposited with the Administrator General.
-
Advantages of a durable power of attorney
A durable power of attorney offers several significant advantages:
A. Maintaining autonomy: The person decides in advance how their affairs will be handled.
B. Flexibility: The power of attorney can be adapted to each person’s needs.
C. Avoiding guardianship: It spares the complex legal process of appointing a guardian.
D. Privacy: Unlike guardianship, a durable power of attorney does not involve a public legal process.
-
Differences between a durable power of attorney and guardianship
It is worth understanding how a durable power of attorney differs from guardianship:
A. Personal choice: With a durable power of attorney, the grantor chooses the attorney-in-fact. A guardian is appointed by the court.
B. Flexibility: A durable power of attorney allows much more freedom in defining the powers.
C. Supervision: A guardian owes regular reports to the court, while an attorney-in-fact is subject to a more limited reporting duty.
-
The role of the attorney-in-fact
The attorney-in-fact carries significant responsibility:
A. Decision-making: He must make decisions in line with the grantor’s wishes.
B. Protecting the grantor’s interests: He must act in the grantor’s best interests and protect them.
C. Reporting: As the law requires, he must report on his actions to the Administrator General.
-
When does a durable power of attorney take effect?
A durable power of attorney takes effect when the grantor is no longer able to understand and decide in the matters it covers:
A. Determining incapacity: A medical opinion is usually required to establish that capacity has been lost.
B. Gradual activation: The document can provide that the power of attorney will take effect in stages.
C. Notice to the Administrator General: The Administrator General must be notified when the power of attorney takes effect.
-
Family considerations in a durable power of attorney
A durable power of attorney can have a real effect on family dynamics:
A. Choosing an attorney-in-fact from within the family: The advantages and disadvantages of appointing a family member.
B. Family communication: Why it is worth talking about the durable power of attorney openly within the family.
C. Preventing conflict: How a durable power of attorney can head off future family disputes.
-
A durable power of attorney in the context of divorce
A durable power of attorney can also be relevant in divorce proceedings:
A. Protecting rights: How a durable power of attorney can protect a spouse’s rights if capacity is lost.
B. Custody arrangements: Addressing custody questions within a durable power of attorney.
C. Division of property: Providing for a fair division of property even where capacity is lost.
-
Updating and revoking a durable power of attorney
It is worth knowing the options for updating and revoking a durable power of attorney:
A. Updating: The power of attorney can be updated as long as the grantor is competent.
B. Revocation: The grantor may revoke the power of attorney at any time, as long as he is competent.
C. Replacing an attorney-in-fact: The attorney-in-fact can be replaced if needed.
-
Challenges and issues in durable powers of attorney
Alongside its advantages, a durable power of attorney also raises challenges:
A. Abuse: How to address concerns about the attorney-in-fact abusing his authority.
B. Changed circumstances: Dealing with significant changes in the grantor’s life after the document was drawn up.
C. Interpreting the grantor’s wishes: The difficulty of reading the grantor’s wishes in complicated situations.
-
The importance of legal advice
Drafting a durable power of attorney requires in-depth legal knowledge. A family law attorney like Avital Horef of Jerusalem can help you understand the legal and family implications of a durable power of attorney and make sure the document fits the needs of the client and his family.
To sum up, a durable power of attorney is an essential legal tool that lets people plan for the future and make sure their wishes are respected even if they lose capacity. It provides flexibility, control, and peace of mind, while preserving personal autonomy. At the same time, these are documents with real legal weight, and professional advice when drafting them matters.
For professional advice on durable powers of attorney or any other family law matter, you can contact the office of Adv. Avital Horef at 43 Yirmiyahu St., Center 1, Jerusalem.
