Enduring Power of Attorney – Control, Security, and Dignity for the Future

Planning for the Future: What Happens If You Can No Longer Make Decisions?

With increased life expectancy and the growing risk of cognitive or functional decline in later years, an important question arises:
What happens if one day you are no longer able to make decisions for yourself?

Israeli law offers an advanced and empowering solution — Enduring Power of Attorney (EPA).
This innovative legal instrument allows every competent adult to decide in advance who will manage their personal, medical, and financial affairs if they lose mental capacity in the future.

This article explains what an Enduring Power of Attorney is, who should consider it, how it is prepared, and why it represents a fundamental shift in guardianship law in Israel.

What Is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document prepared by a competent adult (aged 18 or older) while they are still mentally capable.
Through this document, the individual appoints one or more trusted persons to make decisions on their behalf only if and when they lose the capacity to do so due to illness, accident, or cognitive decline.

Unlike a standard power of attorney, an EPA remains valid after loss of capacity and enters into force only upon an official medical or legal determination.

Key Advantages of an Enduring Power of Attorney

Preserves personal autonomy – You choose who will act for you and how.
Avoids court-appointed guardianship – No need for lengthy legal proceedings.
Provides clarity and certainty – Reduces family conflict and uncertainty.
Honors your personal wishes – Includes detailed instructions regarding care, finances, and medical decisions.
Highly flexible – Multiple attorneys, defined powers, conditions, and limitations.

What Matters Can Be Included?

An Enduring Power of Attorney may cover one or more of the following areas:

Personal matters – Housing, daily living arrangements, caregiving decisions.
Medical matters – Medical treatments, hospitalization, long-term care, and end-of-life decisions.
Financial matters – Bank accounts, investments, real estate, payments, and asset management.

You may define the scope of authority, set restrictions, and provide clear written instructions that must be followed.

How Is an Enduring Power of Attorney Prepared?

Consult a certified attorney
Only lawyers authorized by the Israeli Ministry of Justice may prepare an EPA.
Drafting the document
The attorney ensures you fully understand the legal implications, powers granted, and limitations.
Submission to the General Guardian
The document is filed digitally with the Office of the General Guardian.
Entry into force
The EPA becomes effective only upon a formal determination of incapacity.

Who Can Be Appointed as an Attorney?

You may appoint any trusted adult over the age of 18 — such as a family member or close friend.
Professionals directly involved in your care or legal affairs generally may not be appointed.

You may appoint:

One or multiple attorneys
Joint or separate areas of responsibility
Decision-making mechanisms in case of disagreement

Enduring Power of Attorney vs. Court-Appointed Guardianship

Feature	Guardianship	Enduring Power of Attorney
Who appoints	Court	The individual
When decided	After incapacity	In advance
Level of control	Limited	Full personal choice
Court supervision	Ongoing	Minimal, as defined
Respect for wishes	Indirect	Explicit and documented

Important Legal Considerations

It is strongly recommended to prepare an EPA alongside a will, ensuring comprehensive life and estate planning.
The document may include advance medical directives, including end-of-life preferences.
Particularly valuable for individuals without close family or where family conflicts exist.

Conclusion

An Enduring Power of Attorney is a powerful expression of independence, responsibility, and foresight.
It ensures that if you lose the ability to make decisions, your affairs will be managed by people you trust — according to your clear and legally binding instructions.

To ensure your Enduring Power of Attorney is accurate, tailored to your needs, and fully compliant with Israeli law, consult a certified attorney specializing in guardianship and elder law.