FAQ

Question 1

What is a power of attorney and why is it needed?

Accepted Answer

A power of attorney is a legal document that allows one person (the appointer) to grant authority to another person (the delegatee) to act on their behalf in legal, financial, or personal matters. A power of attorney is needed in situations such as: living abroad but needing to manage affairs in Israel, illness or hospitalization that prevents personal care of your affairs, managing real estate business remotely, or managing the bank accounts of an elderly relative. A power of attorney saves on flights, allows for continuity in managing affairs, and prevents delays in legal and financial proceedings.

Question 2

Does a power of attorney need to be approved by a lawyer?

Accepted Answer

Yes, a power of attorney in Israel must be signed before a lawyer or notary to be valid. The lawyer verifies the identities of the parties, checks that the appointee understands the document and gives free consent, and approves the signatures. Without the approval of a lawyer, most entities (banks, authorities, taboos) will not recognize the document. In cases of a power of attorney from abroad, approval by a local notary is required and then an apostille or consular authentication for the document to be recognized in Israel.

Question 3

What is the difference between a regular power of attorney and an enduring power of attorney?

Accepted Answer

A regular power of attorney is valid as long as the grantor is legally competent and active. If the grantor becomes incompetent (due to dementia, accident, or illness), the power of attorney is automatically revoked. In contrast, an Enduring Power of Attorney remains in effect even if the grantor loses legal capacity. It is an essential future planning tool for elderly or sick people, as it allows the grantor to continue to manage financial and medical matters even in a state of incapacity. An Enduring Power of Attorney requires special wording and sometimes a doctor's certification of the grantor's fitness at the time of signing.

Question 4

Is it possible to revoke a power of attorney?

Accepted Answer

Yes, the appointer can revoke a power of attorney at any time, provided that he is legally competent. The revocation must be made in writing, preferably with the approval of a lawyer, and the principal and any entity that received a copy of the power of attorney (bank, tabu, etc.) must be notified. It is important to collect all original copies from the principal. A power of attorney is also automatically revoked in the event of the death of the principal or the principal, bankruptcy of the principal, or when the principal becomes incompetent (in the case of a regular power of attorney only). If the principal refuses to return the document or continues to use it after revocation, a complaint can be filed with the police and filed in court.

Question 5

Is a power of attorney from abroad valid in Israel?

Accepted Answer

Yes, but there are specific requirements. A power of attorney signed abroad must be: (1) signed before a local notary in the foreign country, (2) certified with an apostille (in countries that have joined the Hague Convention) or with consular authentication at an Israeli consulate (in countries that have not joined), (3) translated into Hebrew by a sworn translator if the original is in a foreign language. In addition, the content must meet the requirements of Israeli law. It is recommended to work with an Israeli lawyer who will guide the drafting even before signing abroad, to avoid rejections by banks or authorities. The process usually takes 2-4 weeks.

Question 6

Is it possible to give a power of attorney to sell an apartment?

Accepted Answer

Yes, this is one of the most common uses of a power of attorney. A power of attorney for the sale of an apartment must include explicit powers: signing a sales contract, receiving the consideration, signing with a lawyer or notary, transferring rights in the land registry, and coordinating with the land registrar. The document must include the exact details of the property (address, block and plot), and sometimes also a minimum sale price. The power of attorney must be registered in the land registry before the transaction is made. It is important to choose a reliable power of attorney because the powers are broad and significant. If you are abroad, take care of an apostille and a sworn translation.

Question 7

Who can be a proxy?

Accepted Answer

Any person over the age of 18 who is legally competent can be a power of attorney. The power of attorney does not have to be a lawyer (unless it involves powers that require a license, such as representation in court). Typically, a close family member (spouse, adult child, sibling), a trusted friend, or a professional advisor such as an accountant or asset manager is chosen. It is important to choose a person you trust completely, who knows how to manage financial matters, who is available to handle your affairs, and who understands the legal responsibilities. More than one power of attorney can be appointed (jointly or alternatively), and it is worth noting what happens if one of them is unable to act. Avoid appointing a person with a conflict of interest or a criminal record.

Enduring Power of Attorney	Guardianships
Complete control of the person	Forced appointment
Without legal process	Applying to court
Flexibility and personal guidance	Heavy supervision
Saving time and money	Lengthy procedures

Enduring Power of Attorney or Guardianship? How to Secure Your Future Without Court

Enduring Power of Attorney – A comprehensive legal guide to editing, powers and protecting the future

1. What is a lasting power of attorney in Jerusalem according to the law??

Legal definition of an enduring power of attorney

2. Who may make a lasting power of attorney??

3. Who is authorized to issue a durable power of attorney??

4. Matters that can be included in an Enduring Power of Attorney?

A. Property matters – What can be included?

on. Personal matters – Managing daily life

third. Medical matters – Medical decision making

5. Main steps in drafting a durable power of attorney

A. Preparation and needs mapping – An essential preliminary step

on. Document drafting – Critical points

third. Signature and approval – Legal requirements

D. Saving the document – Security and access

Special powers and restrictions – what is important to know

6. The role of the general guardian in drawing up a power of attorney

7. When does a lasting power of attorney take effect??

8. Advantages of a Durable Power of Attorney vs. Guardianship

9. Common mistakes when drafting a durable power of attorney

10. Updating and revoking an enduring power of attorney

11. Fees for drafting a durable power of attorney

12. Advantages of legal and professional support in Jerusalem

Practical examples

Why draw up a durable power of attorney at the Halevi Law Firm in Jerusalem??

13. Summary – A durable power of attorney is control, not a waiver.

Frequently Asked Questions