An enduring power of attorney allows an adult to plan in advance who may make decisions on their behalf if, in the future, they become unable to understand or manage a particular matter. It may address personal affairs, medical matters, property and financial affairs, or a defined combination of them.
The document is not a standard power of attorney. It is prepared and deposited through the statutory Israeli framework and should reflect the appointing person’s wishes, family circumstances, assets and practical needs. The precise drafting therefore requires an individual legal review.
What can the document cover?
The appointing person may choose one or more attorneys-in-fact and define their authority. Depending on the circumstances, the document may address:
- bank accounts, payments, investments and ongoing financial administration;
- real estate, leases and property management;
- business interests and contractual matters;
- housing, daily care and personal welfare;
- medical decisions, subject to the applicable legal framework;
- digital accounts and other specifically identified matters.
Certain actions may require express authorization, additional approval or a separate legal instrument. Broad standard wording may therefore be inadequate where substantial assets, a business, foreign property or complex family relationships are involved.
Choosing the attorney-in-fact
The proposed attorney-in-fact should be trustworthy, available and capable of dealing with the relevant matters. More than one person may be appointed. They may act jointly, separately or in different fields, depending on the wording selected and the legal limits.
It may also be appropriate to appoint a substitute, identify a person who will receive information, or establish reporting and consultation arrangements. These choices may reduce uncertainty but can also create delay if the decision-making mechanism is unnecessarily complicated.
Instructions and safeguards
The appointing person may include advance instructions concerning the exercise of authority. These may relate to living arrangements, management of a home, assistance to family members, investment policy, gifts, care preferences or other matters important to that person.
The instructions should be workable and consistent. A provision that is unclear, contradictory or legally unavailable may not operate as intended. The drafting should also distinguish between ordinary ongoing management and exceptional transactions that may require additional consent or approval.
Preparation and deposit
Under the Israeli procedure, an enduring power of attorney is prepared through an attorney who has completed the relevant training of the Administrator General. The appointing person and the proposed attorney-in-fact must understand the document and provide the declarations required for their respective roles.
The completed document is submitted for deposit with the Administrator General. Deposit is a material part of the statutory process. Receipt of a deposit confirmation does not mean that the document has already entered into force.
When does it enter into force?
The document is intended for a future situation in which the appointing person is no longer able to understand the matter for which authority was granted. The method for determining that condition may be defined in the document, subject to legal restrictions. The entry-into-force procedure generally requires the prescribed notice and supporting material to the Administrator General.
The attorney-in-fact should not assume that authority exists merely because the document was signed. Banks, medical bodies and other institutions may request evidence that the statutory activation process has been completed.
Changes and cancellation
While the appointing person remains capable of making the relevant decisions, the document may generally be changed or revoked, subject to the law and the terms selected. A change in family relationships, assets, residence, health or the suitability of an attorney-in-fact may justify reviewing the document.
Information useful for the first meeting
- identity details of the appointing person and proposed attorneys-in-fact;
- family structure and relevant personal circumstances;
- a general list of assets, bank accounts, real estate and business interests;
- existing wills, powers of attorney or related arrangements;
- preferences regarding personal, medical and financial decisions;
- possible substitutes, reporting persons and safeguards.
Legal assistance
Our office may assist with structuring, drafting and depositing an enduring power of attorney in accordance with the individual circumstances. The work begins with identifying the decisions that may arise and constructing a practical authority and supervision mechanism, rather than merely completing a standard form.
To discuss preparation of an enduring power of attorney with Alex Brosh, contact our office for an initial review. State whom the document is for, the preferred language and the personal, medical or financial matters you wish to address. Existing documents can be discussed at the first meeting.
For further reading, see our detailed guide to enduring powers of attorney in Israel. For related matters, explore our legal services in Israel: real estate, wills, contracts and advance planning.
Important disclaimer: This page provides general information only and does not constitute legal advice. The applicable requirements, available provisions and activation procedure may depend on the individual circumstances and current law. No document can eliminate every future dispute or ensure that a particular institution will accept a proposed action without further documentation or approval. Individual legal advice should be obtained before signing or relying on an enduring power of attorney.