Edited by: Noemie Even Ezra Mizrahi
Plan ahead rather than endure
The continuing power of attorney (ייפוי כוח מתמשך, known in French as the “mandat de protection future”) lets you choose today the person who will make decisions for you on the day you can no longer make them yourself.
An accident, an illness, old age: no one is safe from a loss of capacity. Without preparation, it is then the court that appoints a guardian (אפוטרופוס), at the end of a procedure that is often long and distressing for relatives.
This tool gives you back control over those decisions.
What is the ייפוי כוח מתמשך?
It is a legal document by which an adult of sound mind (the “principal”, הממנה) appoints one or more trusted persons (the “attorney-in-fact”, מיופה הכוח) to manage their affairs if they one day lose the capacity to manage them alone.
It was introduced into Israeli law by Amendment No. 18 to the Legal Capacity and Guardianship Law of 1962 (חוק הכשרות המשפטית והאפוטרופסות), in force since 2017.
Its particularity: it is signed today, but takes effect only later, when the principal is no longer able to decide for themselves. Hence its name: a “continuing” or “enduring” power of attorney.
Three areas, your choice
The power of attorney may cover one, two or all three of the following areas, with the same attorney-in-fact or different ones:
| Area | What the attorney-in-fact can do (examples) |
|---|---|
| Property and finances (ענייני רכוש) | Manage bank accounts, pay bills, manage or sell real estate, collect a pension |
| Personal matters (עניינים אישיים) | Choose where to live, arrange home care, handle day-to-day administrative matters |
| Medical matters (עניינים רפואיים) | Consent to or refuse treatment, choose a doctor or a care facility |
The principal can also include advance directives (הנחיות מקדימות): specific wishes, for example to stay at home as long as possible, or not to sell the family apartment. The attorney-in-fact is bound to respect them.
It is also possible to appoint a replacement attorney-in-fact, in case the first can no longer carry out the role.
How is it made?
Any adult who understands the significance of the act can sign a ייפוי כוח מתמשך. The procedure is closely regulated:
- An authorized attorney. Only a lawyer who has completed the mandatory training run by the Administrator General (האפוטרופוס הכללי, part of the Ministry of Justice) may draft the document and have it signed.
- A personal meeting. The lawyer meets the principal alone, checks that they are acting freely and understand what they are signing, then helps define the content of the power of attorney.
- The attorney-in-fact’s consent. The person appointed also signs to accept the role.
- Filing. The lawyer files the document online with the register kept by the Administrator General. Without this filing, the power of attorney has no value.
The attorney-in-fact must be an adult. The law in principle prohibits appointing a person who is paid to care for the principal (a caregiver, a care home), unless that person is a close relative.
When does it take effect?
Signing transfers no power: as long as the principal is capable, they continue to manage their own affairs.
The power of attorney is activated when the principal is no longer able to understand and make decisions in the area concerned. The principal can also set the triggering condition in the document itself (for example, the opinion of a specific doctor).
The attorney-in-fact then sends the Administrator General a declaration of entry into force, usually accompanied by a medical opinion. Once the activation is recorded, they can present the document to banks, hospitals and authorities.
Why not wait for guardianship?
The continuing power of attorney is the chosen alternative to imposed guardianship:
| Criterion | ייפוי כוח מתמשך | Guardianship (אפוטרופסות) |
|---|---|---|
| Who chooses the trusted person? | You, in advance | The court |
| Procedure | Signature before an authorized lawyer, online filing | Court proceedings, often long |
| Respect for your wishes | Set out in black and white in the document | Left to the discretion of the guardian and the judge |
| Supervision | Lighter, adapted to what you have provided | Regular reports to the Administrator General, under court supervision |
In practice, it also avoids family conflicts over the choice of guardian, and the freezing of bank accounts during the procedure.
Frequently asked questions
Can I change or cancel my power of attorney? Yes. As long as you are capable, you can change or revoke it at any time, again through an authorized lawyer.
I am French and I live in Israel: is it useful for me? Yes, and perhaps even more so. The ייפוי כוח מתמשך is recognized by Israeli banks, hospitals and authorities, which is not necessarily the case for a French document. If you also have property or accounts in France, it is advisable to also put in place a mandat de protection future under French law, coordinated with the Israeli power of attorney.
Can the attorney-in-fact do whatever they want? No. They must act in your interest, according to your wishes, and involve you in decisions as much as possible. A complaint can be brought before the Administrator General.
At what age should I do it? There is no age that is “too early”. The document must be signed while you are fully of sound mind, that is, before a health problem arises.
In summary
The continuing power of attorney (ייפוי כוח מתמשך) means deciding today, with peace of mind, who will look after you tomorrow. It protects your wishes, your assets and your loved ones.
Noemie Even Ezra Mizrahi, an attorney authorized by the Administrator General, supports you in French, English and Hebrew in drafting your power of attorney, including when you have interests in both France and Israel.