With increased life expectancy and the possibility of functional decline in old age, one pressing question arises:
What happens if one day we are no longer able to make decisions for ourselves?
An Enduring Power of Attorney (EPA) is a groundbreaking legal instrument that allows every competent adult to choose who will make decisions on their behalf — in various areas — if and when they lose the capacity to do so.
In this article, we will explain what an EPA is, who it is for, how it is prepared, and why it represents a quiet revolution 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 (18 years or older), while they are still mentally capable, to appoint someone to make decisions on their behalf in the future — if they lose the ability to make decisions due to illness, accident, or cognitive decline.
This document only comes into force when the person is no longer mentally capable, based on a medical opinion or the official determination of the General Guardian.
Unlike a regular power of attorney, an EPA remains valid even after incapacity.
Key Benefits of an Enduring Power of Attorney
Maintains future control – You decide who will manage your affairs and how.
Avoids court-appointed guardianship – No need to go through legal proceedings.
Peace of mind for family members – Clear guidance, no disputes.
Respects your personal wishes – You can give specific instructions (e.g. regarding medical treatments, asset sales).
Flexible structure – Multiple attorneys, specific powers, detailed directives.
What Areas Can Be Covered?
An EPA can cover one or more of the following:
Personal matters – Housing, daily life, care settings.
Medical matters – Treatments, hospitalization, end-of-life care.
Financial matters – Managing bank accounts, real estate, bills, investments.
You may define the scope, limitations, and detailed instructions for the attorney(s) to follow.
How is it Prepared?
Consult a certified lawyer – Only lawyers certified by the Ministry of Justice may prepare an EPA.
Draft the document – Together with the lawyer, ensuring you understand the consequences, powers, and limitations.
Submit to the Ministry of Justice – The EPA is filed digitally with the Office of the General Guardian.
Comes into effect upon incapacity – Triggered by a professional medical or legal determination.
Who Can Be Appointed as an Attorney?
A trusted adult – family member, friend, or any individual over 18 (except professionals directly involved in your care or legal affairs).
You may appoint more than one attorney, define shared or separate roles, and set out how decisions should be made.
EPA vs. Guardianship: Key Differences
| Feature | Guardianship | Enduring Power of Attorney |
|---|---|---|
| Appointed by | The Court | The individual, while mentally capable |
| Comes into effect | Upon loss of capacity | Upon loss of capacity |
| Oversight | Ongoing court supervision | Limited oversight based on your instructions |
| Financial control | Court reporting and approval needed | Flexible per your wishes |
| Respecting your will | Indirect interpretation | Your explicit and documented instructions |
Important Considerations
It is highly recommended to prepare an EPA alongside a will, to cover both life planning and post-death estate matters.
The document can include advance healthcare directives, such as preferences in end-of-life care.
Especially useful for individuals without close family, or in cases of family conflict.
Conclusion
An Enduring Power of Attorney reflects independence, responsibility, and planning.
It ensures that if and when you lose the ability to make decisions, your life and assets will be managed by those you trust — based on your clear instructions.
To ensure your document is accurate, personalized, and legally sound, consult a certified lawyer who specializes in this area.
Enduring Power of Attorney | Israeli Guardianship Law | Legal Planning for Seniors | POA Lawyer Israel | Future Incapacity Planning | Elder Law | Advance Medical Directives
