Guardianship and Durable Power of Attorney – Arranging the Future in Advance and Responsibly

One of the most important decisions a person can make about their legal future is what their life will look like at the moment they can no longer manage their own affairs – whether for medical, cognitive, or mental reasons. Halevi • Levi Law Office, which specializes in family law and guardianship, accompanies clients in preparing a durable power of attorney and in applications for the appointment of a guardian – with responsibility, sensitivity, and proper legal planning.

What is a durable power of attorney?

A durable power of attorney is an innovative legal document that allows any competent person to appoint an attorney-in-fact on their behalf (a family member, friend, lawyer, etc.), who will be able to make decisions in their name when they lose their competence – without the need to appoint a guardian in court.

The power of attorney may include:

Personal matters (welfare, residence, medical care)

Property matters (managing accounts, assets, payments)

Medical matters – insofar as there are no other advance directives

A durable power of attorney may be drawn up only before a lawyer certified by the Ministry of Justice, and is conditional upon the principal's understanding of its meaning and implications.

And what is guardianship?

When a person is no longer competent – and there is no durable power of attorney in effect – their family members will be required to turn to the court with an application to appoint a guardian who will act on their behalf and in their place.

The guardian may be:

A family member

A close friend

A professional (lawyer, social worker) The appointment is made with the approval of the court and under the close supervision of the Administrator General.

Advantages of a durable power of attorney over guardianship

With a durable power of attorney, the choice of the attorney-in-fact is made according to the person's own choice (the principal); by contrast, the appointment of a guardian is made according to the court's decision.

Entry into effect of the appointment – with a durable power of attorney this occurs upon the principal's loss of competence. By contrast, guardianship takes effect only after a judicial decision.

The matter of supervision in a durable power of attorney is reduced (periodic reporting only); by contrast, in guardianship, this is done under close supervision of the state.

Costs and time – the durable power of attorney process is cheaper and faster, whereas the appointment of a guardian is a more complex process that sometimes requires witnesses, evidence, and the signing of affidavits.

Frequently Asked Questions – Guardianship and Durable Power of Attorney

Can any lawyer draw up a durable power of attorney?

No. Only a certified lawyer who has undergone training on behalf of the Administrator General is permitted to draw up the application and to do so.

Can a durable power of attorney be revoked?

Yes, as long as the person is competent – they are permitted to revoke or amend the power of attorney.

Is it necessary to have a doctor sign in order to draw up a power of attorney?

Not mandatory – but it is sometimes recommended to attach a medical opinion, mainly at an older age or with a medical background.

Is it possible to appoint two attorneys-in-fact?

Yes. It is possible to appoint several attorneys-in-fact – each for a different area, or in cooperation, and even to establish decision-making mechanisms in case of a dispute.

What happens if there is no power of attorney and the person has lost competence?

An application must be submitted to the court for the appointment of a guardian – a process that requires medical documents, affidavits, and sometimes also legal hearings.

Halevi • Levi Law Office – Looking to the Future with Legal Responsibility

The firm is authorized to draw up a durable power of attorney, and also represents clients in proceedings for the appointment of a guardian. We offer personal accompaniment, tailored to the family's needs, and take care to combine legal protection with human dignity and the person's wishes.