Enduring power of attorney in Israel (yipui koach mitmashech): deciding today for tomorrow

The enduring power of attorney in Israel allows you to designate in advance the person or persons who will manage your medical, personal and financial affairs if one day you can no longer do so yourself, without going through a court-appointed guardianship. Only a lawyer specifically certified by the Administrator General at the Ministry of Justice may draft it. I am certified and I offer this special service.

What is an enduring power of attorney in Israel?

Created by a reform of the Legal Capacity and Guardianship Law, in force since 2017, the enduring power of attorney is the Israeli equivalent of the durable power of attorney in the United States or the lasting power of attorney in the United Kingdom. As long as you are in full possession of your faculties, it has no effect. The day you can no longer understand or decide, under the conditions you yourself have set, your attorney-in-fact takes over, according to your instructions.

Without this document, your relatives must ask the court to appoint a guardian ("apotropos"): a long, public procedure, with accounts to be rendered every year, and in which it is not you who chooses.

What the enduring power of attorney can cover

• Medical matters: treatments, hospitalization, choice of a care facility.
• Personal matters: where you live, staying at home, daily life.
• Property matters: bank accounts, investments, savings, rents, sale or rental of a property, payment for care.

You may name one or several attorneys-in-fact, jointly or separately by area, provide for a substitute, designate a person who will be informed of the decisions taken, and leave precise advance instructions, for example on gifts to your children, the management of your apartment or your medical wishes. The document is very flexible.

If you already have a durable or lasting power of attorney abroad

A power of attorney drawn up in the United States, the United Kingdom or elsewhere does not apply automatically in Israel: the banks, the health funds and the Israeli institutions require the Israeli document, registered with the Administrator General. For a family settled in Israel, or for elderly parents who have joined their children here, an enduring power of attorney in Israel is the only one that really protects.

How it works

1. A meeting, in English, to understand your family situation, your assets and your wishes.
2. Drafting of the document and of your advance instructions.
3. Explanation to the attorneys-in-fact of their role and their obligations, and collection of their consent.
4. Signing before me, then filing with the Administrator General ("ha-apotropos ha-klali"), who registers it.
5. Entry into force only if the condition you have set is met, generally on medical opinion. As long as you are capable, you may amend or revoke the document.

For whom it is particularly useful

• Elderly parents who came from abroad to join their children in Israel.
• Couples who want to make sure that the spouse will be able to act without a court.
• People whose children live in another country and who want to organize in advance who decides and how.
• People who want to make sure that their property, medical and personal affairs will be taken care of when they are no longer able to handle them themselves.

Frequently asked questions

What is the difference from a guardianship?

A guardianship is decided by a court, after you have lost capacity, and the guardian reports to the Administrator General. The enduring power of attorney is decided by you, in advance, and it is you who chooses the person, the areas and the rules.

Can I name a child who lives abroad?

Yes. The attorney-in-fact must give his consent and sign the document, which can be done remotely in the prescribed forms, with a certified signature. It is often wise to also provide for an attorney-in-fact on the spot for urgent decisions.

What happens if I recover my capacity?

The power of attorney ceases to have effect as soon as the condition for its entry into force is no longer met, and you take back control.

How much does it cost?

An enduring power of attorney in Israel is paid by a flat fee, quoted in advance, which covers the meeting, the drafting, the explanations to the attorneys-in-fact and the filing. There is no registration fee.

Do you want to organize your own protection or that of a parent?

Write to me through the form on the English-speaking lawyer page or on WhatsApp +972-54-777-2548.

See also: wills and inheritance.