Introduction
Author: Alex Brosh, Attorney
For help preparing an enduring power of attorney, see our enduring power of attorney preparation and advance planning service. That page explains the first-meeting information and the preparation process; the detailed guide below provides further background.
An Enduring Power of Attorney (ייפוי כוח מתמשך, Yipuy Koach Mitmashech) is one of the most significant instruments of modern Israeli private law. It allows an individual to determine in advance who, when, and under what conditions may make decisions on their behalf—in matters of personal life, healthcare, and property—if they lose the capacity to do so independently.
Advance planning can record preferences about residence, care, information sharing and finances. Discuss which wishes belong in the document and how they can be expressed clearly.
An enduring power of attorney follows a different procedure from an ordinary notarized power of attorney. Activation requires the prescribed conditions and a declaration to the Guardian General, supported by a medical opinion or other evidence specified in the document. Incapacity alone does not complete the activation procedure. Thus, it serves not merely as a legal mechanism but as a declaration of personal autonomy—affirming a person’s right to maintain control over their life even amid cognitive or physical decline.
Amendment No. 18 to the Legal Capacity and Guardianship Law was published in April 2016. It promoted independence, participation and respect for the person’s wishes.
The reform rests on a clear and fundamental principle:
Record the principal’s own wishes clearly when planning future care.
An EPA is an alternative to court-appointed guardianship. Its suitability depends on the person and the matters covered.
When presenting the document to an institution, check its approved status, activation and relevant powers. Deposit alone does not guarantee acceptance of every requested action or prevent abuse. See the Guardian General’s activation guidance.
Planning needs can arise at different ages. This guide does not establish a measured trend in public uptake.
Historical Development and Legal Basis
Court-appointed guardianship is one mechanism for dealing with matters a person cannot manage independently.
An EPA provides advance appointment, while supported decision-making assists a person who can decide with help. These arrangements have different roles.
When comparing them, consider the person’s wishes, the matters requiring assistance and the applicable procedure. Do not assume guardianship erases all personal preferences.
The 2016 Reform – A Transition to Personal Autonomy
Amendment No. 18 introduced enduring powers of attorney and supported decision-making into the legal framework.
These tools support independence and participation. They do not mean guardianship has disappeared.
Choose the arrangement according to the person’s abilities and needs. See the Ministry of Health comparison.
Advance Planning and Guardianship
Advance appointment and court-appointed guardianship remain distinct options. The reform did not abolish guardianship.
Use the name of the relevant legal arrangement precisely; a general description of decision-making difficulty does not establish legal status.
This guide does not rank Israel against other countries. Foreign mechanisms require their own legal analysis.
For practical planning, focus on the person, their wishes and the powers needed.
Reading Statistics and Planning Questions
Statistical comparisons require an identified official report, a reporting period and a definition of what was counted. They do not establish the suitability of a document for an individual.
Compare total registrations and annual growth only when the source uses the same counting method and periods. Historical totals are not a current forecast, and document counts do not measure the quality of an individual arrangement.
Age distributions require a defined dataset and reporting period. Older adults and younger people, including business owners, can consider their own planning needs without assuming that a population percentage determines their eligibility or need.
When comparing reported document contents, distinguish:
- Whether the document covers financial and property matters;
- Whether it covers personal matters, medical matters, or both;
- Whether one or several attorneys-in-fact are appointed and how their powers are divided.
Regional comparisons require a defined period and a distinction between the principal’s residence, the lawyer’s location and the location of registration. A regional ranking cannot establish the suitability of a lawyer or representative for a particular person.
Survey findings need a named survey, date and method before they can establish why people prepare a document. Illness, predictability and peace of mind are possible individual motivations; they are not measured proportions in this guide.
Dispute rates require a source and a definition of a challenge, a court proceeding and the documents included in the denominator. A document cannot be presented as a guarantee against disagreement, abuse or court involvement.
For personal planning, population statistics are background. The relevant questions are the principal’s wishes, the chosen representatives, the scope of authority and the applicable safeguards. The table below illustrates subjects for discussion; it does not establish automatic outcomes.
| Area of Authority | Examples of Decisions | Possible Limitations Set by the Principal | Possible Planning Difficulties |
|---|---|---|---|
| Personal | Choice of residence, daily care, communication, social interaction, religious and cultural lifestyle | Restriction on relocation, designation of specific visitors or contacts | Uncertainty about residence, care arrangements or family expectations |
| Medical | Routine medical decisions within the applicable authority; end-of-life decisions follow a separate legal framework | Instructions within the EPA’s medical scope; separate Ministry of Health forms for end-of-life treatment | Unclear medical preferences or authority to make relevant decisions |
| Financial | Management of bank accounts, property, investments, payment of expenses and taxes | Specified transaction limits and reporting arrangements; check any applicable approval requirements | Uncertainty about financial authority, access or payment arrangements |
For end-of-life treatment, distinguish an EPA from the separate directives and healthcare proxy under the Dying Patient Law. See the Ministry of Health explanation.
Essence and Scope of Action
An Enduring Power of Attorney is more than a legal formality; it is a mechanism by which a person projects their will into the future. Its significance lies in its precision: it defines not only who will act on behalf of the principal, but also how, under what conditions, and according to which guiding principles.
The document may cover three main spheres of life—personal, medical, and financial/property—each with its own legal framework, implications, and oversight mechanisms.
1. Personal Sphere
Personal matters can include residence, daily care, communication, leisure and religious or cultural practices. Discuss preferences about home or care-facility living, visitors, routines and personal comfort. Record the principal’s wishes clearly without assuming that another legal arrangement disregards them.
2. Medical Sphere
Discuss which medical matters the proposed powers can cover, including treatment, rehabilitation and long-term care. Authority to make a particular decision depends on the document and applicable rules.
Medical preferences within an EPA and end-of-life directives are separate arrangements.
It is essential to distinguish between these frameworks: an enduring power of attorney does not replace official Ministry of Health directives regarding resuscitation or artificial life support.
Rather, it allows the principal to express medical preferences in advance and appoint a trusted person to make decisions consistent with those values.
Clear wording can help explain medical preferences. Questions about authority or interpretation may still require professional advice.
3. Financial and Property Sphere
Financial powers may address accounts, property, investments and expenses within the granted authority and applicable requirements. They do not guarantee uninterrupted access or prevent all family disputes. Reporting to an optional notified person follows the arrangements specified by the principal.
An EPA may cover selected matters or several areas. When considering different attorneys for personal, medical and financial matters, discuss coordination, responsibilities and possible conflicts. Separate appointments do not guarantee efficient or conflict-free decisions.
The fundamental principle remains constant:
The principal’s wishes and instructions guide planning. Discuss how decisions should be made within the granted powers and applicable duties; do not assume that every future situation is covered by an explicit instruction.
Clear instructions can help communicate the principal’s preferences about future care and daily life. They cannot guarantee every future outcome.
Who Can Create an Enduring Power of Attorney
An EPA can be prepared by an adult who understands the meaning, purposes and consequences of granting it. Age alone does not establish the necessary understanding or voluntary consent.
Preparation addresses the principal’s understanding and voluntary wishes at the time of signing. Discuss these questions with the preparing lawyer:
- understands the document’s meaning and structure,
- distinguishes between the various spheres of authority (personal, medical, financial),
- recognizes the potential for misuse, and
- acts voluntarily, without coercion or undue influence.
General EPAs require a lawyer who completed Guardian General training and has no personal interest. A medical-only EPA has a separate signing procedure.
Ask about the preparing lawyer’s EPA training and discuss these planning topics:
- the Legal Capacity and Guardianship Law and its practical applications,
- ethical and psychological aspects of working with vulnerable or elderly clients, and
- medical-legal issues related to assessing decision-making capacity.
The preparing lawyer explains the document and checks understanding and voluntary consent. Training and deposit do not guarantee that coercion or errors can never occur.
The signed document is deposited with the Guardian General. Deposit is a prerequisite for activation; it does not itself activate the powers or guarantee acceptance of every proposed transaction.
Deposit records and stores the submitted document. These safeguards do not eliminate every risk:
- it preserves the submitted document;
- it records the deposit decision;
- it provides official storage; activation remains a separate step.
Keep the approved copy and check its recorded status before use.
Procedure for Execution
Executing an Enduring Power of Attorney is not a bureaucratic formality but a structured legal process, in which every stage carries specific meaning and consequence.
Preparation includes explaining the proposed powers and checking understanding and voluntary consent. Professional involvement is a safeguard, not a guarantee that the document is free of errors.
Consultation and Planning
The process begins with a consultation between the principal and a lawyer with the required EPA training.
At this stage, they define the objectives and boundaries of the power of attorney:
who will be appointed as attorney-in-fact, what decisions that person will be authorized to make, and which values and priorities should guide their actions.
Often, sensitive personal matters are also discussed — family relationships, dynamics of trust, and potential conflicts.
The lawyer’s role here is dual — legal and human.
They help structure the proposed powers and record the principal’s wishes. Preparation does not guarantee that every instruction will be effective in every future circumstance.
Drafting the Document
The official template approved by the Ministry of Justice provides the framework, but it is only a starting point.
Discuss proposed personal instructions on housing, care, diet, religious practice, communication with relatives, asset management, and medical preferences within the applicable framework.
Personal instructions can help describe the person’s preferences and priorities. Their scope and application require attention to the applicable rules.
Signing
For a general EPA, the principal signs before the trained lawyer and the attorney-in-fact also signs consent. A medical-only EPA follows a separate procedure before an authorized professional.
Registration
After signing, submit the document for deposit with the Guardian General using the applicable official procedure. Deposit and activation are separate steps.
Check the deposit decision and retain the approved copy. Submission alone is not confirmation of approval.
Activation
Activation is a separate step after approved deposit. The attorney-in-fact submits a declaration and supporting medical opinion, or other evidence required by the conditions specified in the document. The Guardian General confirms or rejects the notice. Use the approved document only within its powers after activation. See the official activation procedure.
The document records wishes and appoints representatives for the matters covered. Its practical use depends on the granted powers, activation conditions and applicable rules.
Discuss responsibilities and safeguards when planning how those powers may be used.
Table: Legal Workflow of the Enduring Power of Attorney
Stage | Content | Responsible Party | Legal Significance |
|---|---|---|---|
Preparation and Consultation | Defining goals, choosing attorneys, clarifying values | Principal and EPA-trained lawyer | Formation of the principal’s will and intent |
Drafting the Document | Using the Ministry of Justice template with personalized additions | Lawyer | Recording the proposed powers and personal instructions; validity depends on compliance with the applicable requirements |
Signing | Verification of voluntariness and understanding | Lawyer and client | Records the signatures and consent |
Registration | Uploading to the Guardian General’s secure system | Lawyer | Approved deposit precedes activation |
Storage and Notification | Issuance of confirmations to the principal and attorneys | Ministry of Justice | Records approval and stores the document |
Activation | Specified activation conditions, declaration and supporting evidence | Attorney-in-fact, physician, Guardian General | Transfers authority into legal effect |
The Attorney-in-Fact and Their Duties
An attorney-in-fact (מיופה כוח) is appointed to act on the principal’s behalf within the granted powers and applicable rules. Appointment should not be described as ending the principal’s independence or transferring ownership of their property.
Consider the attorney-in-fact’s representation duties separately from ownership and inheritance planning. Discuss the intended powers, responsibilities and restrictions. A person’s appointment should not be described as automatically deciding whether they may inherit.
Record preferences about residence, care and daily life clearly. Discuss practical constraints and the applicable rules when planning how an attorney should follow those preferences.
The guiding principle is respect for the principal’s values and worldview.
The document may include explicit instructions—religious convictions, medical ethics, dietary rules, social relationships, or daily routines. Discuss how those instructions should be applied within the granted powers and applicable rules.
The principal may choose a notified person and reporting arrangements, or Guardian General supervision. Do not assume every EPA creates the same reporting duties.
Discuss conflicts of interest when selecting attorneys and defining powers. A personal stake in a proposed transaction calls for checking the applicable restrictions and any required approval before acting.
The attorney-in-fact has no authority to amend the power of attorney, expand their powers, or act beyond the scope defined in the document.
Questions about unclear instructions or the limits of authority may require professional advice.
Serving as an attorney-in-fact requires not merely legal competence but personal maturity and integrity.
It is a unique form of responsibility where conscience and law converge—to act as the principal would wish and within the boundaries the principal has set.
Advantages of the Enduring Power of Attorney
The primary advantage of an Enduring Power of Attorney (EPA) lies in its essence:
it provides an opportunity to choose representatives and record wishes in advance.
It is not a passive safeguard but a proactive expression of one’s will — a mechanism that affirms the right to determine one’s own life even when circumstances silence the ability to speak.
Advance appointment can reduce the need to seek a guardian for matters covered by the EPA. It does not rule out intervention or approval requirements for particular actions.
Advance planning gives the principal an opportunity to record wishes and choose a trusted representative. Discuss how those wishes can be put into practice; the document cannot promise that every future instruction will be feasible.
The EPA can allocate responsibilities among appointed attorneys. Clear allocation can help manage practical risks, but it cannot guarantee that abuse or disputes will be prevented.
Discussing responsibilities in advance may reduce uncertainty among relatives. An EPA cannot guarantee that family disagreements or litigation will not arise.
Before dealing with a bank, hospital or authority, check the approved document, activation status and relevant powers. Do not assume every request will be accepted solely because an EPA was deposited.
Ultimately, an Enduring Power of Attorney is not a “document of weakness,” but an act of foresight and responsibility.
The practical effect depends on the document, the principal’s circumstances and the applicable rules.
Table: Comparison – Enduring Power of Attorney vs. Judicial Guardianship
Criterion | Enduring Power of Attorney | Judicial Guardianship |
|---|---|---|
Initiative | Created voluntarily by the person in advance | Appointed by a court under the applicable statutory criteria |
Control | Reporting arrangements depend on the document and applicable requirements | Supervision depends on the appointment and applicable requirements |
Speed and Cost | Preparation and subsequent work may involve separate costs | Procedure and costs depend on the case |
Autonomy | Records wishes and appoints representatives within the applicable framework | Authority is limited by the appointment and applicable requirements |
Psychological Effect | Experience varies with the person and circumstances | Experience varies with the person and circumstances |
Recognition by Institutions | Check status, scope and applicable transaction requirements | Check the appointment order and relevant powers |
Duration, Revocation, and Amendment
Duration, cancellation and replacement are separate questions. Check the document’s terms and the applicable procedure.
Cancellation by the principal uses written notice to the attorney-in-fact and notification to the Guardian General. Do not treat registration as the only event affecting validity.
Changing a deposited document requires checking whether a new EPA must be prepared and deposited.
Read any specified expiry condition or date with the document and statutory rules.
Activation does not itself remove legal capacity. A clause continuing authority despite a later cancellation request after loss of capacity changes the route; court review may be required.
Court intervention follows statutory grounds. Do not assume cancellation allows a guardian to create a replacement EPA.
Table: Legal Status of the Enduring Power of Attorney
Stage of Life / Legal Capacity | Principal’s Rights | Legal Effect on the Document | Control Mechanism |
|---|---|---|---|
Full capacity | Cancellation or replacement | Check document and notices | Principal and professional advice |
After activation | Capacity is not automatically removed | Read powers and conditions | Applicable statutory route |
Difficulty understanding the matter | Check any continuation clause | Route depends on document and law | Court review where required |
After a court decision | Read the specific order | No automatic replacement EPA | Court order and applicable law |
Practical Recommendations
Creating an Enduring Power of Attorney (EPA) is more than the act of signing papers. It is an expression of mature trust—a conscious and deliberate step that demands honesty, foresight, and the courage to plan ahead without self-deception.
The most critical element is the choice of attorney-in-fact.
This decision is not a formality but a matter of character and judgment. Discuss whether the person can carry out the proposed responsibilities and respect your wishes within the applicable rules. Appointment does not itself remove your legal capacity.
Consider reliability, availability and possible conflicts of interest rather than assuming that family relationship alone determines suitability.
Equally important is to discuss your values and guiding principles in advance.
The law allows you to include personal guidelines within the EPA—preferences regarding medical care, daily routines, social interaction, or religious observance.
However, words alone are insufficient. The attorney-in-fact must understand the meaning behind the instructions. The best practice is a personal conversation—explaining not only what you wish, but why.
A conversation can help explain the reasons behind your preferences. It does not replace clear instructions or the applicable legal requirements.
Keep the approved copy accessible to those who need it. Discuss who should receive information, the principal’s privacy preferences and any applicable notification requirements.
While the original is stored in the Ministry of Justice system, appropriate information sharing may reduce uncertainty, but does not guarantee that confusion or disputes will be avoided.
Review your EPA when family circumstances, health, residence or property change. Before seeking amendment, replacement or cancellation, check the applicable procedure and the document’s terms. Do not assume changes are always possible in the same way.
An EPA should express the principal’s wishes clearly. Periodic review can identify changes worth discussing with the preparing professional; it does not guarantee uninterrupted authority or protection against every difficulty.
Table: Common Mistakes and How to Avoid Them
Situation / Error | Why It’s a Problem | How to Do It Right |
|---|---|---|
Appointment of a close relative without discussion | Emotional attachment does not always equal responsibility; potential conflicts of interest or family pressure | Choose a person who can act calmly and objectively; discuss values and expectations in advance |
No clear instructions on living arrangements or care | Unclear wishes can create interpretation questions; decisions remain subject to the applicable duties | Specify preferences: home care, institution, shared residence, frequency of visits |
Vague or overly general powers | Creates legal uncertainty and excessive discretion | Define specific powers, limits, and actions; avoid phrases like “whatever it takes” |
No reporting arrangements considered | Unclear expectations can make oversight harder | Consider an optional notified person and define the reporting arrangements |
Ignoring the financial section | Unclear financial powers may make banking, property management or payment arrangements harder | Discuss whether banking and property powers are needed and what limits should apply |
Failure to update the document | Life changes but the document stays the same | Review after relevant changes and obtain advice before seeking amendment or replacement |
Assuming notarial certification alone completes a general EPA | Preparation, deposit and activation are separate requirements | Check EPA training and use the appropriate general or medical-only procedure |
Family unaware of the EPA’s existence | Unclear information or expectations may contribute to disagreement | Discuss appropriate notifications and access to copies, with attention to privacy and applicable requirements |
Professional Preparation of an Enduring Power of Attorney
An EPA is a distinct instrument under Israel’s Legal Capacity and Guardianship Law. Notarial certification alone is insufficient for a general EPA. Medical-only EPAs follow a separate signing procedure.
Professional preparation requires attention to understanding, voluntary consent and the proposed powers. A professional title alone does not establish compliance with the EPA procedure.
Check the preparing lawyer’s EPA training and discuss:
- The legal framework and judicial precedents;
- Ethical principles for working with elderly and vulnerable individuals;
- Medical-legal principles for identifying cognitive decline;
- Operation of the secure government registration system for EPAs
Follow the official preparation and deposit procedure. Deposit is required before activation; it does not guarantee that every later action is authorized.
Professional preparation and deposit provide safeguards. They do not guarantee freedom from coercion, forgery, errors or misuse.
Thus, preparing an Enduring Power of Attorney is not a mere formality.
The preparing lawyer assists with the document and deposit procedure. The extent of supervision and reporting depends on the chosen arrangements and applicable requirements.
Table: EPA Training and Professional Responsibilities
Aspect | General Lawyer / Notary | EPA-Trained Lawyer | Practical Consequence |
|---|---|---|---|
Legal authority | Notarial status alone does not establish EPA training | Check the required EPA training and the applicable preparation and submission procedure | General and medical-only EPAs have different preparation procedures |
Verification of mental capacity | Check the professional’s relevant role and training | Explains the proposed document and checks understanding and voluntary consent | Helps identify concerns; does not guarantee prevention |
Registration process | Use the applicable official submission procedure | Uses the applicable Ministry of Justice submission procedure | Records the approved deposit |
State supervision | Duties depend on the professional role | Reporting depends on the chosen arrangements and applicable requirements | Safeguards do not eliminate every risk |
Professional liability | General professional duty | Professional responsibilities apply to the preparation work | Training does not guarantee accuracy or eliminate professional liability |
Resulting validity | Notarial certification alone is insufficient for a general EPA | Approved deposit; powers require separate activation | Check preparation, deposit, activation and scope |
Why Contact Cohen Brosh Law Firm
Drafting an Enduring Power of Attorney (EPA) requires far more than filling out forms. It demands an understanding that bridges law, medicine, and human ethics.
Ambiguous wording or unclear powers can create practical difficulties and interpretation questions. Review the proposed document before signing.
Cohen Brosh Law Firm assists with consultation, drafting and the deposit process. Discuss the scope of work and the professional responsible for preparing your EPA before proceeding.
Planning should address the people you wish to appoint, relevant property and family circumstances, and possible conflicts. These choices may need review as circumstances change.
Clear wording helps identify the intended powers and limits. It cannot guarantee that future disputes or interpretation questions will never arise.
EPA discussions may involve health, family relationships, beliefs and finances. Ask how information will be handled and shared during preparation, deposit and later use.
The aim of planning is to record your wishes and clarify responsibilities. No document or professional service can guarantee every future outcome.
Official and Reliable Sources
Use official government information for forms and submission procedures. Check the date and scope of each source; general guidance does not replace advice on your circumstances.
The Ministry of Justice and Guardian General publish public guidance and EPA procedures:
🔗 Ministry of Justice – Guardian General (Enduring Power of Attorney)
Use the applicable government procedure to check deposit and activation status. Do not treat a public information page as confirmation of an individual document.
The legal framework is the Legal Capacity and Guardianship Law (חוק הכשרות המשפטית והאפוטרופסות). The existing link below leads to the legal text publisher Nevo:
🔗 Legal Capacity and Guardianship Law – Full Text (Hebrew)
(Check the text’s update date and applicable amendments.)
Consult the relevant EPA provisions in the current law. The English section range previously used here is not a complete account of the rules.
The Israel Bar Association website is an additional professional resource. The link below opens its main website; it does not directly confirm an individual lawyer’s EPA training or authorization.
🔗 Israel Bar Association – Main Website
The Ministry of Justice publishes public information and procedure pages. Check the relevant service page and the date of any guide before using it.
🔗 Ministry of Justice – Public Information Guides (Hebrew):
Check source dates, applicable procedures and the limits of the document before acting. Professional advice may be needed to interpret the rules for a particular case.