A lasting power of attorney (ייפוי כוח מתמשך) enables you to designate, in advance, the person who will make decisions on your behalf should you one day be unable to make them yourself. While you are still able to do so, you determine who will manage your affairs, and how.
Introduced in 2016 into Israel's Legal Capacity and Guardianship Law as an alternative to court-appointed guardianship, it is summarised in the essentials below.
Why execute one?
Where a person can no longer understand and decide, the family must ordinarily petition the court to appoint a guardian. The process is lengthy, and it is the court that selects and supervises the guardian.
A lasting power of attorney anticipates this situation: you select the attorney, define the scope of their powers and set out your wishes.
What can it cover?
It may cover a single area, several, or all of them:
- Property and finances: bank accounts, real estate, payments, pensions.
- Personal matters: place of residence, day-to-day care, dealings with public authorities.
- Medical matters: consent to treatment and examinations.
You may appoint one or more attorneys, specify whether they are to act jointly or severally, and name a substitute. You may also include advance directives: specific instructions regarding the decisions you wish to be taken.
Medical-only documents
A document confined to medical matters may also be executed before other professionals, such as a physician, social worker, psychologist or registered nurse. Once it extends to property or personal matters, it must be executed before a lawyer authorised for this purpose.
Who is it for?
It is not reserved for older people. It concerns anyone who wishes their affairs to be managed in accordance with their wishes following an accident or illness, and particularly those with assets, a business, children from a previous relationship or relatives living abroad.
Absent such a document, neither a spouse nor an adult child has automatic authority to act on the bank account or property of a person who is no longer able to do so.
Who may draft it?
The document is executed before a lawyer who has completed the prescribed training and is authorised by the Administrator General. The lawyer may have no personal interest in the document and may not act as one of the attorneys.
The lawyer's duties are prescribed by law: to explain the meaning of the document and the available alternatives, and to ascertain that you understand it and sign of your own free will, without pressure or undue influence.
The steps
1. A first meeting
The meeting reviews your family and financial circumstances, the people you trust and the matters of importance to you.
2. Drafting
The areas covered, the attorneys and their manner of acting are defined, together with any advance directives.
3. Signing
You sign before the lawyer, and the attorneys sign their acceptance. Where appropriate, the lawyer may request a medical opinion on capacity.
4. Filing
Filing with the Administrator General is a prerequisite for the document's validity. The lawyer files it online by electronic signature and retains the paper original.
When does it take effect?
Not immediately. It takes effect when you are no longer able to understand the matters it covers, or at such other time as the document specifies, in accordance with the statutory procedure.
Until then, you continue to manage your own affairs. The Administrator General sends a reminder every three years inviting you to confirm or amend your arrangements.
Changing or revoking it
For as long as you retain capacity, you may revoke the document or execute a new one. Where several documents have been filed for the same matters, the most recent prevails. Advance directives may be added to a document already filed.
Common questions
Is a power of attorney from abroad valid in Israel?
Recognition is not automatic and depends on the circumstances. If you reside in Israel or hold assets here, an Israeli lasting power of attorney is generally more readily accepted by banks and public authorities.
Does it replace a will?
No. It operates during your lifetime and terminates on death, whereas a will governs the devolution of your estate thereafter. The two are best planned together.
The lawyer's role
- Explains the options and the alternatives.
- Drafts a document tailored to your family and financial circumstances.
- Witnesses your signature in due form and files the document with the Administrator General.
- Remains available for questions and subsequent updates.
Sources
- Kol Zchut: drafting and filing a lasting power of attorney (Hebrew)
- Administrator General: questions and answers (Hebrew)
- Official Legal Capacity Online portal
See also
Lasting power of attorney: our service · Real estate
General information only; it does not constitute legal advice.