Attorney for Continuous Power of Attorney in Ramat Gan

What is a Durable Power of Attorney and When Do You Need a Lawyer?

A durable power of attorney is an essential legal instrument that allows a healthy individual (the principal) to transfer legal authority to another person (the agent or guardian) to manage their financial, medical, and personal affairs even if they lose the capacity to understand and sign documents in the future. Unlike a regular power of attorney, which terminates upon loss of legal capacity, a durable power of attorney remains valid as long as it is not revoked by order of a court.

The need for a durable power of attorney arises in diverse circumstances: following a serious traffic accident that leaves a victim with brain injuries, in the case of someone dealing with dementia or Alzheimer's disease, following a stroke or neurological illness, or in situations where an elderly person wishes to ensure that their affairs are handled by a trusted individual should they become ill or lose the ability to make decisions independently.

Selection of a lawyer experienced in guardianship law is essential. The process involves a deep understanding of family law, property law, insurance law, and the financial implications of appointing a guardian. Mandelbaum, Gor, and Witzman-Gor Law Office, with over 18 years of experience handling such complex proceedings, has particular expertise in addressing the needs of accident victims and their families.

The Difference Between a Regular Power of Attorney and a Durable Power of Attorney

A regular power of attorney is a document you sign when you are healthy and possess full legal capacity, allowing another person (an agent) to act on your behalf in certain matters. However, the moment you lose legal capacity—meaning a court determines you can no longer make decisions independently—the regular power of attorney terminates immediately, and your agent can no longer use it.

A durable power of attorney, by contrast, remains valid even after you have lost legal capacity. It grants the agent (guardian) the authority to continue managing your financial affairs, property, debts, and also medical decisions, in accordance with what you specified in the power of attorney.

This is a significant advantage: you are not required to go through court to appoint a guardian when you lose capacity, because you have already laid the groundwork in advance. This saves time, money, and family stress during a difficult period.

The Process of Appointing a Guardian and Legal Requirements

The appointment of a guardian is a formal legal procedure that requires filing a petition with a court (or, recently, with an authorized notary under certain conditions). This petition must include: an accurate description of the individual's health condition or legal capacity, details of the prospective guardian, medical evidence (in a physician's report, psychologist's report, or report from a medical institution), and clear objectives of what the guardian will be authorized to do.

The court reviews the petition and verifies that the prospective guardian is indeed a trustworthy person, has no conflict of interest, and has the capacity to handle the responsibility. In some cases, the court may order an additional psychological or medical evaluation to be confident in its decision.

An experienced lawyer in this field will ensure that the petition is filed correctly, that all documents are in order, and that the arguments are persuasive. This significantly increases the likelihood of the petition being approved without delays or additional requests.

Types of Guardianship and Their Relationship to Personal Injury and Insurance

Guardianship in Israel is divided into several types, each designed for a different situation. Understanding the differences is crucial to choose the right legal tool for your circumstances.

Full Guardianship (General)

Full guardianship grants the guardian absolute authority over all matters: financial management, making medical decisions, asset management, and executing legal transactions. It is imposed when a person cannot make decisions independently in any area. This is the most common type of guardianship in cases of serious brain injuries from traffic or work accidents, or in cases of advanced dementia.

Full guardianship requires an explicit petition to court, persuasive medical evidence, and typically also a legal assessment of the need for it. Following guardian appointment, the guardian must report to the court annually on asset management and decisions made.

Partial Guardianship (Limited)

Partial guardianship is imposed when a person can make decisions in some areas but not in others. For example: a person may be able to make medical decisions but not financial ones, or vice versa. Such guardianship is common among people with partial cognitive impairment, or elderly individuals with difficulty managing finances but who retain the ability to decide on personal matters.

Partial guardianship also requires filing with the court, but with detailed medical evidence showing exactly which areas the person cannot make decisions in.

Durable Power of Attorney

Durable power of attorney differs from guardianship in that it is executed voluntarily by a person while they possess full legal capacity. It remains in effect even if the person loses legal capacity in the future. This eliminates the need for court proceedings, which is a significant advantage: a faster process, lower costs, and less family conflict.

However, a durable power of attorney requires that the signatory possess full legal capacity at the time of execution. If you have already lost legal capacity, you cannot sign a durable power of attorney — you will have to go through court proceedings for guardian appointment.

Relationship to Personal Injury and Insurance

In cases of victims of traffic or work accidents with serious brain injuries, guardianship is often the only tool. When a victim receives a large financial compensation from National Insurance or an insurance claim, a court may order the appointment of a guardian to protect the funds and prevent their misuse. Additionally, a guardian may be responsible for making medical decisions on behalf of the victim, including medical treatment, medical insurance, and filing claims with medical boards.

Mendelboim, Gur, and Witzman-Gur Law Office handles accident victims requiring guardianship, combining representation in personal injury claims with guardianship proceedings to ensure the victim is protected in all respects.

Costs and Types of Transactions in Guardianship Proceedings

The costs of guardianship proceedings vary depending on the complexity of the case, the type of guardianship, and whether there is family conflict or opposition. Below is a table showing typical costs in this field:

Important Note: The costs presented are typical and reflect market prices in Israel for 2026. Each case is unique, and the actual cost depends on specific details. Mendelboim, Gor, and Witzman-Gor Law Office offers a free initial consultation to understand your situation and provide a more accurate estimate.

How Guardianship Proceedings Affect Insurance Claims

When an injured party from a traffic or work accident requires guardianship, it affects the management of their insurance claims. For example: if the injured party received compensation from National Insurance or private insurance, the funds may be deposited in a secured bank account under court supervision, and the guardian must obtain court approval before allocating funds for medical treatment or other necessities.

Additionally, a guardian may be responsible for filing additional insurance claims on behalf of the injured party, such as private health insurance claims, disability insurance claims, or civil claims against third parties who caused the damage. The Mandelboim, Gur, Witzman-Gur office assists guardians in managing all such claims on behalf of the injured party, while ensuring their best interests are protected.

Practical Procedure Steps: Initial Consultation to Guardianship Appointment

When you come to your first meeting with Attorney Mandelbaum, Gor, and Witzman-Gor, we go through several structured steps to understand your situation and plan the way forward:

Step 1: Initial Consultation Meeting (Free of Charge)

In the first meeting, we listen to your story: what happened, who is the person who needs guardianship, what is their current medical condition, and who are the candidates for the guardianship position. We ask detailed questions to understand family dynamics, whether there are disputes, and what the practical needs are (namely, whether there is a need to manage assets, make decisions about medical treatment, etc.). At this stage, we do not charge a fee — this is a free consultation meeting.

Step 2: Document and Medical Evidence Collection

After you agree to hire us, we ask you to provide: an updated medical report from the treating physician or medical institution, identification card of the person who needs guardianship, details of assets (if relevant), names and addresses of close family members, and details of candidate(s) for the guardianship position. If there is a will, financial agreement, or prior legal documents, they are also important.

Step 3: Preparation of Legal Documents

Depending on the type of guardianship, we prepare the formal petition to court (or to a notary, depending on circumstances). The petition will contain: a detailed description of the person's situation, medical evidence, names of candidates for guardianship, reasons for choosing them, and the objectives of the guardianship (full or partial).

Step 4: Filing the Petition with the Court

We file the petition on your behalf with the competent court (usually the District Court in the person's place of residence). The court will examine the petition and may order an additional medical or psychological evaluation. In some cases, the court will schedule a hearing before the judge to hear arguments.

Step 5: Court Hearing (If Required)

If the court schedules a hearing, we represent you before it. We will present your arguments, answer the judge's questions, and deal with any opposition from family members or other parties. Usually, the hearing is brief and formal, especially if there is no family dispute.

Step 6: Court Decision and Guardianship Appointment

After the court approves the petition, it will issue an order of guardianship appointment. This order is an official legal document registered in the court registry office, and from it the guardian receives legal authority to act on behalf of the managed person.

Step 7: Guardian Guidance and Ongoing Management

Following the appointment, we guide the guardian on their obligations: how to manage assets, how to report to the court, which decisions they may make without court approval (and how to obtain approval when needed). We also handle annual reports to the court, changes in powers, and any legal issue that may arise during the guardianship.

Why Choose Mandelboim, Gor, and Witzman-Gor Law Office for Guardianship Matters in Ramat Gan

Mandelboim, Gor, and Witzman-Gor Law Office is a boutique family law firm founded in 2008 by Attorney Keren Mandelboim. We specialize in tort law (plaintiff representation only), real estate and property law, and commercial-civil law, including guardianship proceedings and family law. With over 18 years of experience handling complex legal proceedings, we understand the unique needs of accident victims and their families.

Following a serious accident resulting in bodily or brain injury, a family needs not only representation in insurance or national insurance claims, but also comprehensive legal guidance to manage assets, medical decisions, and the rights of the victim. Mandelboim, Gor, and Witzman-Gor Law Office provides this comprehensive service through collaboration among attorneys specializing in tort law, commercial-civil law, and family law.

Our office in Ramat Gan (12 Aryeh Ben Eliezer Street) is located in the heart of the city, close to the district court and government institutions, enabling us to handle proceedings swiftly and efficiently. We offer a complimentary initial consultation, during which we listen to your story, understand your needs, and plan the path forward together.