When planning for the future, it is crucial to ensure that our wishes are respected if we are no longer able to make decisions for ourselves. In Israel, this is achieved through a Continuing Power of Attorney (CPOA ) (Yipuy Koach Mitmashech יפוי כוח מתמשך). While this may sound similar to legal tools used in the United States, such as Living Wills, Advance Health Care Directives, and General Powers of Attorney, there are significant differences between these instruments. Understanding these distinctions is essential for anyone dealing with legal or medical decision-making in Israel.

What Is an Israeli Continuing Power of Attorney?

The Israeli Continuing Power of Attorney (CPOA ) is a relatively new legal instrument established under Israel’s Legal Capacity and Guardianship Law (1962), as amended in 2017. It allows an individual (the “principal”) to appoint another person (the “attorney-in-fact”) to manage their affairs in the future, but only when they are no longer mentally competent to do so themselves.

A CPOA  is a proactive planning tool that covers financial, medical, and personal matters. It differs from older forms of power of attorney, which would automatically become invalid if the principal lost mental capacity.

Key Differences Between Israeli and U.S. Legal Tools

1. Legal Recognition and Enforcement

U.S. documents such as Living Wills, Advance Directives, and General Powers of Attorney are not automatically recognized in Israel. Israeli law requires that all powers of attorney dealing with future incapacity comply with the rules established under the Legal Capacity and Guardianship Law.

If an American expatriate or new immigrant (oleh) has previously executed a U.S. living will or durable power of attorney, Israeli institutions may refuse to honor it unless a separate Israeli CPOA  is prepared.

2. Activation and Scope

• Israeli CPOA : Takes effect only when the principal is determined to lack capacity, as certified by a qualified physician or other authorized professional. Until then, the principal retains full control over their affairs.
• U.S. Advance Directives and Living Wills: These typically provide instructions to medical personnel about the individual’s health care wishes but do not cover financial or personal matters.
• U.S. Durable Powers of Attorney: Can be either “springing” (activated upon incapacity) or “immediate” (effective upon signing), but they may not include the same safeguards required under Israeli law.

3. Execution and Formalities

The Israeli CPOA  has strict execution requirements:

• Drafting: Must be prepared according to specific guidelines and may only be written by an attorney who has undergone special certification from the Israeli Ministry of Justice.
• Signing: Must be signed by the ‘principal’ in front of an attorney (not just any notary) who verifies the principal’s understanding and free will.
• Registration: Unlike in the U.S., where many powers of attorney remain private documents, the CPOA  must be registered with the Israeli Administrator General (Apotropus Haklali). Without registration, it is not legally valid.

4. Customization and Restrictions

Israeli law allows greater customization than U.S. legal tools:

• The principal can specify exactly what types of decisions the attorney-in-fact may or may not make.
• They can set conditions, such as requiring the attorney-in-fact to consult with certain individuals before making major decisions.
• Unlike a general power of attorney in the U.S., the CPOA  cannot be used for making wills, voting in elections, or making certain personal declarations.

Why Are U.S. Legal Tools Insufficient in Israel?

Many American olim assume that a durable power of attorney or living will they executed in the U.S. will be valid in Israel. However, there are key reasons why this is not the case:

1. Legal System Differences: Israeli law does not automatically recognize foreign legal documents unless there is a specific legal provision or international treaty allowing it.
2. Execution Requirements: U.S. documents do not go through the rigorous signing and registration process required in Israel, making it difficult to verify their validity.
3. Scope and Application: U.S. living wills and advance directives primarily deal with health care, whereas Israeli law allows for a more comprehensive approach covering financial and personal matters as well.
4. Preventing Abuse: The CPOA  system includes built-in safeguards to prevent abuse, such as requiring special legal training for drafting attorneys and mandating professional registration. Many U.S. durable powers of attorney lack these protections.

Conclusion: The Importance of Planning Under Israeli Law

For anyone living in Israel or planning to spend significant time here, it is essential to have an Israeli CPOA  in place rather than relying on U.S. legal documents. Even if you have a power of attorney, living will, or advance directive from the U.S., you should consult with a certified Israeli attorney to ensure your wishes will be honored in Israel.

Taking the time to properly execute an Israeli CPOA  provides peace of mind, ensuring that trusted individuals will be able to act on your behalf when needed while complying with local laws. For more information or to start the process, feel free to reach out to us and we would love to help you. Read more about the Israeli CPOA in our downloadable guide: https://jayhaitlaw.com/ebooks-continuing-power-of-attorney/