Introduction
An Enduring Power of Attorney (ייפוי כוח מתמשך, Yipuy Koach Mamtakh) 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.
This document creates a legal bridge between today’s will and tomorrow’s vulnerability. It enables a person to avoid reliance on court or governmental intervention and instead pre-define their own preferences: where to live, who may access medical information, which treatments are acceptable, who manages financial affairs, and what types of expenses may be made.
Unlike an ordinary notary, notarized power of attorney, which expires once a person loses legal capacity, the Enduring Power of Attorney takes effect precisely at that moment. It remains valid while the person is alive but incapable of understanding or expressing their will. 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.
The legal foundation for this institution is found in Section 2A of the Legal Capacity and Guardianship Law (Amendment No. 18, 2016), which came into force in 2017. The amendment was drafted by the Israeli Ministry of Justice, in cooperation with the Guardian General (האפוטרופוס הכללי), as part of a broader reform aimed at replacing the old guardianship model (אפוטרופסות) with a modern system of self-determination (אוטונומיה אישית).
The reform rests on a clear and fundamental principle:
Every person has the right to decide in advance who will care for them, and how, if they lose the ability to decide for themselves.
The Enduring Power of Attorney has thus become a viable alternative to court-appointed guardianship, sparing individuals the lengthy procedures, loss of autonomy, and family disputes often associated with traditional guardianship frameworks.
This document carries full legal authority and is recognized by all banks, hospitals, municipalities, and government institutions in Israel. Its registration within the Guardian General’s digital system (האפוטרופוס הכללי)—through an accredited lawyer—ensures state validation, authenticity, and protection against abuse.
Today, the Enduring Power of Attorney is no longer merely a legal instrument but a social development. Increasingly, Israelis—particularly those in middle and older age—see it not as a “document for old age” but as a means of safeguarding freedom, dignity, and self-determination while they still possess full capacity to choose.
Historical Development and Legal Basis
Until 2017, Israel operated exclusively under a judicial guardianship model. When a person—due to illness, injury, dementia, or mental disorder—lost the ability to make decisions, the court, upon request from relatives or government authorities, would appoint a guardian (אפוטרופוס).
This system, inherited from British Mandate law and adapted during the early decades of the State of Israel, was originally intended as a means of protection but in practice often restricted personal autonomy. The appointed guardian had to seek court approval for many actions—from banking transactions to medical decisions—and remained under the supervision of the Guardian General (האפוטרופוס הכללי) at the Ministry of Justice.
For families, the process was burdensome and bureaucratic: court hearings, medical evaluations, periodic reports, and continuous state interference in private life. Moreover, the very person whose interests the system was meant to protect effectively lost their voice. Their habits, lifestyle, and personal preferences ceased to carry legal weight.
The 2016 Reform – A Transition to Personal Autonomy
The situation changed with the passage of Amendment No. 18 (תיקון מס׳ 18) to the Legal Capacity and Guardianship Law (חוק הכשרות המשפטית והאפוטרופסות, תשכ״ב–1962). The amendment, which came into force in April 2017, was the result of years of collaboration among lawyers, judges, medical experts, and organizations advocating for the rights of elderly and vulnerable citizens.
The reform was founded on the principle of individual self-determination (אוטונומיה אישית), a concept also recognized in international law—particularly in the UN Convention on the Rights of Persons with Disabilities (CRPD, 2006), which Israel ratified in 2012. Legislators proceeded from the understanding that every person has the right to express their will in advance, and that the state is obligated to respect and safeguard that will.
The amendment introduced new sections (§ 32א–§ 32כח) that established the legal foundation for the Enduring Power of Attorney (ייפוי כוח מתמשך). Any competent adult of sound mind may now determine who will act as their attorney-in-fact (מיופה כוח), what decisions that person may make—in personal, medical, or property matters—and which values and preferences should guide them when exercising such authority.
A New Model: Trust Instead of Guardianship
The essence of the reform was a paradigm shift: from a state that decides for the individual to an individual who decides for themselves in advance. Judicial involvement became the exception rather than the rule, applicable only in cases of dispute, abuse, or absence of a valid attorney-in-fact. The state no longer imposes a guardian—it simply ensures registration, oversight, and protection of rights.
The law also replaced the term “incapacitated person” with the phrase “a person experiencing difficulty in making decisions” (אדם שמתקשה בקבלת החלטות), emphasizing that the goal is not deprivation of rights but assistance in their realization.
This reform positioned Israel among the first countries in the region to adopt a legal mechanism grounded in the principles of autonomy and human dignity, comparable to systems such as the UK Mental Capacity Act 2005, as well as frameworks in Canada and the Netherlands.
The Enduring Power of Attorney has thus become not only a new legal instrument but also a symbol of a broader transformation in Israeli legal thought—from guardianship to trust, from control to respect for personal will.
Useful and Illustrative Statistics
Since the reform entered into force in 2017, Israel’s Enduring Power of Attorney system has evolved from a legal innovation into one of the most widely used instruments in private law.
Data from the Ministry of Justice and the Guardian General (האפוטרופוס הכללי) reveal a consistent rise in public participation and a cultural shift from state guardianship to personal autonomy.
By mid-2025, over 220,000 Enduring Powers of Attorney are registered in Israel—compared with only about 15,000 in 2018. The average annual growth rate exceeds 30%, making it one of the fastest-developing institutions in Israeli civil law.
Approximately 65% of principals are over the age of 55. However, there is growing interest among younger citizens, particularly entrepreneurs and business owners, who wish to ensure continuity of management and decision-making in case of incapacity.
According to 2024–2025 data from the Guardian General:
- 72% of powers of attorney include financial and property clauses;
- 58% cover personal and medical matters;
- roughly 40% of principals appoint two or more attorneys-in-fact, distributing powers between them.
Regional patterns also reflect this expansion. The Tel Aviv and Central Districts record the highest concentration of registrations, where most accredited lawyers operate. Yet in recent years, registrations in Jerusalem and the northern districts have increased significantly, signaling the institutionalization of the mechanism across the country.
A survey by the Israel Bar Association found that over 80% of citizens execute an Enduring Power of Attorney not because of illness, but to secure predictability and peace of mind.
This confirms that the instrument is no longer seen as a “document of incapacity,” but as a cornerstone of personal and financial planning, on par with wills and family agreements.
Equally significant is the low rate of dispute: less than 5% of registered documents are later challenged or require judicial intervention—an exceptionally low figure compared with traditional guardianship proceedings.
This demonstrates that the system, based on trust, accreditation, and transparency, is functioning effectively while relieving courts of unnecessary caseloads.
These statistics illustrate more than just numerical growth. They reflect a cultural transformation: Israelis increasingly choose foresight over dependency, treating the Enduring Power of Attorney not as a sign of weakness, but as an expression of responsibility, freedom, and maturity.
Area of Authority | Examples of Decisions | Possible Limitations Set by the Principal | Key Risks Without an Enduring Power of Attorney |
|---|---|---|---|
Personal | Choice of residence, daily care, communication, social interaction, religious and cultural lifestyle | Restriction on relocation, designation of specific visitors or contacts | Court-appointed guardian, family disputes, loss of personal comfort and autonomy |
Medical | Consent or refusal of treatment, selection of doctors and hospitals, pain relief, resuscitation decisions | Prohibition of certain procedures, advance directives regarding end-of-life care | Doctors or courts make decisions without reference to personal values |
Financial | Management of bank accounts, property, investments, payment of expenses and taxes | Transaction limits, requirement for third-party (notified person) approval | Frozen accounts, inability to pay for care, external judicial control |
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
This includes all matters related to lifestyle and daily living: place of residence (private home, care facility, or shared living), type of care, communication, leisure, and religious or cultural practices.
In this sphere, the enduring power of attorney serves as a safeguard of dignity—preserving what is typically lost under traditional guardianship: individual preferences, personality, habits, and emotional bonds.
Principals may record detailed instructions such as who may visit them, what music to play, how to organize their daily routine, and what constitutes “decent living conditions.”
2. Medical Sphere
This area, often the most sensitive, concerns decisions on medical treatment—consent or refusal of procedures, selection of physicians or institutions, rehabilitation, and long-term care.
The enduring power of attorney intersects here with the Patient Rights Law (1996) and, in certain end-of-life contexts, the Dying Patient Law (2005).
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.
Wording must be clear and unambiguous so that the attorney-in-fact is not placed in a position of moral or legal uncertainty.
3. Financial and Property Sphere
This sphere governs the management of assets—bank accounts, real estate, investments, pensions, taxes, and obligations.
The document ensures continuity and protection from financial chaos or family disputes.
The attorney-in-fact may perform transactions, manage funds, and pay expenses strictly within the boundaries defined by the principal.
To maintain transparency, the Ministry of Justice allows the principal to appoint a notified person (אדם מיודע)—an independent party whom the attorney must regularly inform of their actions. This mechanism enables accountability without requiring court oversight.
An enduring power of attorney may encompass all these areas or only one.
Frequently, individuals appoint separate attorneys—for example, a family member for personal and medical matters and a professional accountant or lawyer for financial affairs.
Such a division of authority minimizes conflicts of interest and improves efficiency.
The fundamental principle remains constant:
The attorney-in-fact acts not at their own discretion but in the spirit of the principal’s values and will, as expressed in the document.
Thus, an enduring power of attorney is not merely a legal act, but a personal testament—a reflection of one’s identity and worldview, ensuring that autonomy and dignity persist even when the ability to speak or decide is lost.
Who Can Create an Enduring Power of Attorney
An Enduring Power of Attorney is a legal instrument reserved only for individuals who fully understand the nature and consequences of their actions.
Under Israeli law, it may be executed solely by a legally competent person—someone capable of understanding the document’s purpose, implications, and scope of authority.
The minimum age is 18, yet what truly matters is clarity of mind and freedom of will at the time of execution.
The legal logic is straightforward: a document that takes effect after the loss of decision-making capacity must be prepared before that moment—while the person’s judgment remains sound and their will uncoerced.
Accordingly, the lawyer preparing the power of attorney must personally ensure that the principal:
- 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, free of any external influence.
Execution is possible only through a lawyer accredited by the Guardian General (האפוטרופוס הכללי)—the government body responsible for supervising Israel’s enduring power of attorney system.
Accreditation authorizes lawyers to operate the secure online platform of the Ministry of Justice, register the document, verify its authenticity, and confirm its legal validity.
Without such accreditation, a lawyer cannot prepare or file an enduring power of attorney.
Accredited lawyers must complete a specialized training program covering:
- 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.
Throughout the process, the lawyer serves in several capacities simultaneously — as legal advisor, witness, and guarantor of legitimacy.
They do not merely certify a signature; they attest to the conscious expression of the client’s will.
If the lawyer detects cognitive doubt or signs of external pressure, they are required to halt the procedure and, if necessary, request a medical evaluation confirming the client’s capacity.
After signing, the document is transmitted through a secure electronic system to the state registry maintained by the Guardian General.
Until this registration occurs, the enduring power of attorney has no legal force—it remains a draft.
Once officially registered, the document receives a unique identification number, confirming authenticity and ensuring controlled access by the principal, appointed attorneys, and authorized government bodies.
Registration fulfills three vital legal functions:
- it protects the document from forgery or substitution;
- it records the exact date and legal status;
- it ensures centralized, state-protected storage accessible upon incapacity.
From both a legal and philosophical standpoint, this stage is pivotal: it is the moment when a person’s will becomes part of the legal order—not under the state’s control, but under its protection.
It marks the transformation of individual autonomy into binding law.
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.
The law is designed to ensure that the document reflects not a mechanical signature but the conscious, voluntary, and verified expression of personal will, confirmed by a qualified professional.
Consultation and Planning
The process begins with a consultation between the principal and an accredited lawyer.
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 the client not only structure the document in compliance with the law but also craft its internal logic so that it genuinely protects the principal’s dignity and intentions.
Drafting the Document
The official template approved by the Ministry of Justice provides the framework, but it is only a starting point.
The law permits extensive customization: the principal may include individual instructions on housing, care, diet, religious practice, communication with relatives, asset management, and even medical restrictions.
This flexibility ensures that the document reflects the person’s individual character and worldview, not an impersonal bureaucratic form.
Signing
Signing is performed exclusively in the presence of an accredited lawyer.
This moment is legally decisive: the lawyer certifies not only the authenticity of the signature but also the fact that the client fully understands the nature and consequences of their act.
A signature made without a qualified lawyer is legally void.
The lawyer records the date, location, and circumstances, and certifies that the principal acted voluntarily and with understanding.
Registration
After signing, the lawyer uploads the document to the secure electronic system of the Guardian General (האפוטרופוס הכללי) — the Ministry of Justice’s protected platform accessible only to accredited lawyers.
Registration confers legal force, records the official date of creation, and ensures centralized state storage.
Until registration, the power of attorney has no legal status — it remains merely a draft.
Once the submission is approved, the principal receives a confirmation of registration, and each appointed attorney-in-fact receives an official notification of appointment along with a copy of the registered document.
Activation
An Enduring Power of Attorney does not take effect immediately.
It becomes active only when the principal loses decision-making capacity.
To activate it, the attorney must file a notification with the Guardian General accompanied by a medical certificate confirming incapacity.
After verification, the system activates the power of attorney, granting the attorney-in-fact legal authority to act strictly within the established boundaries.
This structure exemplifies the humanistic balance of Israeli law: the enduring power of attorney is not an instrument of control, but a tool of protection — a mechanism that preserves a person’s will precisely at the moment when they can no longer express it.
It defines the fine line between authority and service, between power over a person and responsibility toward their dignity.
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 accredited lawyer | Formation of the principal’s will and intent |
Drafting the Document | Using the Ministry of Justice template with personalized additions | Lawyer | Creation of a legally valid and customized instrument |
Signing | Verification of voluntariness and understanding | Lawyer and client | Confers authenticity and confirms informed consent |
Registration | Uploading to the Guardian General’s secure system | Lawyer | Transforms the draft into a legally valid document |
Storage and Notification | Issuance of confirmations to the principal and attorneys | Ministry of Justice | Ensures official recognition and data protection |
Activation | Becomes effective upon loss of legal capacity | 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 not a figure of authority but a figure of trust. This is a person to whom the principal delegates not ownership or property rights, but the ability to act on their behalf once the principal loses the capacity to make decisions.
Their responsibility begins precisely where the principal’s independence ends.
From a legal standpoint, the attorney-in-fact is an agent, not an owner. They do not acquire property rights, do not become heirs, and cannot dispose of assets at their discretion.
All actions must be carried out in the interest and on behalf of the principal, never for personal gain.
Their role is fiduciary in nature—rooted in loyalty, honesty, and integrity toward the will of another.
An attorney-in-fact must act exclusively in the principal’s best interest, and that concept extends beyond material considerations. It includes moral, personal, and value-based dimensions: preservation of human dignity, lifestyle, and individual preferences as expressed in the power of attorney.
For example, if the principal specifies a wish to remain at home rather than be transferred to an institution, the attorney must honor that choice, even if another option seems more practical or cost-efficient.
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. The attorney-in-fact must follow not only the letter of the document but also its spirit.
The legal framework maintains a balance between independence and accountability.
The attorney-in-fact must act transparently and, upon request from the Guardian General (האפוטרופוס הכללי), provide reports and explanations—especially regarding financial matters or property transactions.
When the power of attorney is registered, the principal may designate a notified person (אדם מיודע), to whom the attorney must communicate key actions or decisions.
This mechanism creates an additional safeguard, particularly when attorneys are members of the principal’s family.
The law also prohibits any conflict of interest.
An attorney-in-fact may not exploit their position for personal advantage or engage in transactions that could harm the principal.
If a conflict arises—such as a transaction in which the attorney has a personal stake—they must refrain from acting and notify the supervising authority.
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.
Their power is limited both by the form and by the essence of the authorization: they are a conduit of another’s will, not its interpreter or substitute.
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 transforms a person from the object of guardianship into the subject of decision-making.
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.
One of the most practical advantages is the avoidance of court proceedings for appointing a guardian.
Guardianship is often a slow, costly, and emotionally taxing process: courts require medical opinions, financial reports, and ongoing judicial oversight of every action.
An EPA eliminates this need. Instead of external control, the individual’s predefined and registered will — recognized by law — governs all decisions.
Another key benefit is the preservation of autonomy and dignity.
Through an EPA, a person chooses who will act on their behalf and how.
They do not surrender their life to bureaucracy but instead design the framework for it in advance.
Even after the loss of legal capacity, their voice remains present and legally enforceable.
The EPA also offers structural flexibility.
The law allows for one or several attorneys-in-fact, with clearly divided areas of responsibility — for example, one handling financial matters, another overseeing medical care.
This division reduces the risk of abuse, prevents concentration of power, and establishes a natural system of checks and balances.
A further advantage is the prevention of family conflicts.
When responsibilities are pre-assigned, there is little room for disputes among relatives regarding treatment, property, or living arrangements.
Instead of confusion or litigation, a clear structure of authority operates according to the principal’s will.
Finally, the EPA carries full official recognition.
It is binding upon banks, hospitals, government offices, and local authorities, all of which must honor the attorney’s decisions within the registered scope of authority.
This makes it a comprehensive and efficient tool for personal and property management.
Ultimately, an Enduring Power of Attorney is not a “document of weakness,” but an act of foresight and responsibility.
It is the legal embodiment of self-determination — preserving control not through power, but through a predeclared and protected will.
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 the court after loss of legal capacity |
Control | Minimal state oversight by the Guardian General only if necessary | Continuous judicial supervision and mandatory reporting |
Speed and Cost | Fast process, no court involvement, one-time legal fee | Lengthy, involves doctors, reports, hearings, and state fees |
Autonomy | Preserved — decisions made by the attorney in accordance with the principal’s will | Restricted — decisions require court approval |
Psychological Effect | Sense of security and ongoing control over one’s life | Sense of dependency and loss of personal freedom |
Recognition by Institutions | Binding on all government, financial, and medical bodies | Effective only through court orders |
Duration, Revocation, and Amendment
An Enduring Power of Attorney (EPA) is not a permanent or irreversible document.
Its strength lies in the balance between stability and flexibility: as long as the principal retains legal capacity, they remain the exclusive master of their will.
Israeli law expressly provides that the principal may revoke, amend, or restrict the EPA at any time, without explanation or consent from the attorney-in-fact.
To do so, the principal simply contacts the same accredited lawyer who prepared the document—or any other lawyer authorized to access the Guardian General’s digital system (האפוטרופוס הכללי).
Once the new version or a formal revocation notice is submitted and registered, the previous document becomes legally void from the date of registration.
This right of revocation is not a procedural detail but a core principle of the legal framework.
The system is built on the concept of dynamic autonomy—recognizing that people and circumstances change.
Relationships with attorneys-in-fact may evolve, assets may shift, and family or health conditions may alter priorities.
Therefore, the EPA must remain a living expression of will, not a frozen instrument.
If desired, the principal may set a limited validity period after which the EPA will automatically expire unless renewed or replaced.
Though less common, this option is practical in specific cases—such as long business travel, military deployment, or temporary medical conditions.
However, once the principal loses legal capacity, the situation changes fundamentally.
At that point, the document becomes immutable.
Any revocation or amendment can occur only by court order, and solely in exceptional cases—such as proven misuse of power, fraud, or forgery.
This safeguard ensures that the principal’s will remains protected from manipulation precisely when they can no longer defend it themselves.
This legal design creates a precise equilibrium between freedom and protection:
while the principal is capable, the document remains adaptable; once vulnerable, it becomes a shield of autonomy.
The EPA does not replace a person’s will — it preserves and defends it.
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 | Free to revoke, amend, or replace at any time | Changes take effect upon registration | Through accredited lawyer and Guardian General’s system |
Temporary incapacity (pending confirmation) | May still act through lawyer if capacity not formally revoked | Document remains dormant (“inactive”) | Medical confirmation required before activation |
Loss of legal capacity (after activation) | Cannot revoke or modify | Changes allowed only by court order in exceptional cases | Court oversight and Guardian General supervision |
After court decision (abuse or fraud proven) | Revocation or replacement possible by judicial ruling | Previous EPA annulled; new version may be created through guardian | Judicial enforcement |
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. The attorney-in-fact will act at a time when you can no longer confirm or challenge their actions. The question is not convenience but integrity: who can uphold your will as law?
Often, the right person is not a close relative, but someone calm, objective, and free from personal interests or emotional pressure.
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.
This dialogue builds a moral foundation that endures even when legal mechanisms can no longer protect you.
After signing, keep copies of the document and notify key parties—family members, your physician, your banker, or your social worker.
While the original is stored in the Ministry of Justice system, awareness among those close to you can prevent confusion or disputes when quick decisions are needed.
A Durable Power of Attorney is a living document. It should be reviewed periodically—especially if family circumstances, health, residence, or property change.
Revocation or amendment is always possible, and doing so is not a sign of uncertainty but of responsibility.
A will expressed ten years ago may not reflect today’s life.
The purpose of these steps is not bureaucracy—it is authenticity.
An EPA should remain a reflection of who you are, not a fossilized version of the past.
When maintained and updated, it becomes more than a legal guarantee—it becomes a tool of peace and continuity, protecting both you and those who will one day act on your behalf.
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 | The attorney-in-fact is forced to act at their own discretion, which may contradict your true wishes | 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 notified person (אדם מיודע) designated | Lack of oversight increases the risk of abuse or misunderstanding | Appoint at least one person to whom the attorney must report significant actions |
Ignoring the financial section | Without clear financial authority, accounts may be frozen and services unpaid | Include banking and property provisions, even if they seem premature |
Failure to update the document | Life changes but the document stays the same | Review and renew the EPA every few years or after major family or property changes |
Attempt to register independently or through a notary | Without registration in the Ministry of Justice system, the EPA is legally void | Work only with an accredited lawyer authorized to access the Guardian General’s system |
Family unaware of the EPA’s existence | Relatives may initiate court disputes upon incapacity | Inform key relatives and the attorney-in-fact; ensure copies are accessible when needed |
Why Only an Accredited Lawyer Can Prepare an Enduring Power of Attorney
An Enduring Power of Attorney (EPA) is neither a notarial act nor a private agreement between individuals.
It is a distinct legal instrument governed by Sections §32A–§32T of Israel’s Legal Capacity and Guardianship Law, and its preparation is permitted only through a lawyer officially accredited by the Guardian General (האפוטרופוס הכללי) under the Ministry of Justice
This restriction is intentional.
The state deliberately excludes the option of drafting or notarizing such documents independently because their validity depends not merely on form but on a verified assessment of the principal’s awareness, voluntariness, and mental capacity.
These essential conditions cannot be confirmed automatically—they require personal evaluation and professional judgment
Accredited lawyers must complete a specialized qualification course covering:
- 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
Only after passing this course and obtaining a formal accreditation certificate does the lawyer receive access to the Ministry of Justice’s digital platform, where EPAs are drafted, signed, and officially registered.
Without such registration, the document is legally void—it has no legal existence or force
This system ensures dual protection.
First, it guarantees the legal integrity of each document.
Second, it protects the principal from coercion, forgery, or undue influence.
Every accredited lawyer bears personal responsibility—disciplinary, civil, and ethical—for the accuracy and legality of each submission
Thus, preparing an Enduring Power of Attorney is not a mere formality.
It is a state-supervised process in which the lawyer serves as a bridge between an individual’s will and the legal mechanism that grants that will binding force.
Table: Why Accreditation Matters
Aspect | General Lawyer / Notary | Accredited EPA Lawyer | Practical Consequence |
|---|---|---|---|
Legal authority | Cannot access or register in the Guardian General’s system | Authorized to create and file official EPA in state system | Only accredited lawyers can make a legally valid EPA |
Verification of mental capacity | Not formally trained to assess cognition | Trained to evaluate awareness and voluntariness | Prevents manipulation or coercion |
Registration process | No access to secure government database | Direct access via digital Ministry of Justice platform | Guarantees authenticity and date verification |
State supervision | None beyond general ethics | Ongoing oversight by Guardian General | Protects clients from abuse and forgery |
Professional liability | General professional duty | Specific civil and disciplinary responsibility for EPA accuracy | Ensures legal and ethical accountability |
Resulting validity | Informal or void | Fully binding, state-registered instrument | Only accredited EPAs recognized by law |
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.
A single ambiguous clause, an unclear delegation of authority, or an unbalanced document structure can result in serious, often irreversible, consequences.
Cohen Brosh Law Firm combines legal precision with extensive practical experience, guiding clients through every step — from the first consultation to the final registration of the document in the Ministry of Justice’s system.
All procedures are conducted in full compliance with the requirements of the Guardian General (האפוטרופוס הכללי) and the ethical standards of the Israeli Bar Association.
Each case is approached individually.
The firm’s attorneys focus on the person, not the form. They help design an optimal structure of attorneys, balance legal control with family dynamics, and foresee complex future scenarios — including changes in citizenship, property division, inheritance disputes, and potential conflicts of interest.
The result is a stable legal framework that remains valid and functional over time.
Special emphasis is placed on linguistic and legal precision.
In this area of law, one misplaced phrase can alter meaning and trigger legal disputes. The firm’s experts craft each clause with clarity, internal consistency, and full alignment with statutory and judicial standards.
Confidentiality is absolute.
Enduring powers of attorney often involve intimate matters — health, family relationships, personal beliefs, and finances.
All discussions are conducted discreetly, in a setting of trust, empathy, and professional integrity.
Choosing Cohen Brosh Law Firm means more than obtaining a legal document.
It means building a system of protection — where law, trust, and human dignity merge into one goal: to preserve your will and ensure that it is respected at every stage of life.
Official and Reliable Sources
Information about Enduring Powers of Attorney (EPAs) in Israel must always be taken only from official and professional sources. These are the only channels that provide legally valid instructions, current procedures, and authentic forms accepted by the state.
The Ministry of Justice and its division, the Guardian General (האפוטרופוס הכללי), are the primary and most authoritative resources.
Their official website contains explanations for citizens, document templates, submission instructions for accredited lawyers, and all updates to legislation and case law:
🔗 Ministry of Justice – Guardian General (Enduring Power of Attorney)
It is also the only place where the existence and registration status of an EPA can be verified (accessible to accredited lawyers through the government system).
The legal foundation for this institution is the Legal Capacity and Guardianship Law (חוק הכשרות המשפטית והאפוטרופסות).
Full Hebrew text of the statute is available on the government legislation site:
🔗 Legal Capacity and Guardianship Law – Full Text (Hebrew)
(Nevo is the official legal database licensed by the State of Israel.)
Sections §32A–§32T regulate all aspects of the EPA — its creation, scope, registration, activation, and revocation.
Additional support and verification are available through the Israel Bar Association, which maintains the official registry of accredited lawyers authorized to prepare EPAs.
Clients can confirm that their lawyer has valid accreditation using this directory:
🔗 Israel Bar Association – Accredited EPA Lawyers Registry
For citizens seeking clarity before consulting a lawyer, the Ministry also publishes public information booklets, written in accessible language, explaining how to prepare, what documents to bring, and how to notify attorneys and relatives after registration:
🔗 Ministry of Justice – Public Information Guides (Hebrew):
Using official sources only guarantees that your decisions rest on law, not interpretation.
In matters that concern one’s future and personal autonomy, trust the state and the professionals it certifies.