An Enduring Power of Attorney (EPA), introduced in Israel in 2017 under Amendment 18 to the Legal Capacity and Guardianship Law, 1962 (hereinafter: “the law”) Articles 32a – 32f allow individuals to plan ahead for a time when they may no longer be able to manage their personal, financial, or medical affairs.
Unlike a general power of attorney that expires upon incapacity, an EPA remains valid even when the individual is no longer mentally competent – offering a structured and respectful legal framework for future decision-making.
Legal Framework and Key Provisions
The EPA is governed by:
- Sections 32A–32F of the Legal Capacity and Guardianship Law, 1962
- The Enduring Power of Attorney Regulations, 2017
- Guidance issued by the Office of the General Guardian (Apotropus Haklali) in the Ministry of Justice.
Notably, Section 32C establishes the conditions for validity, including mandatory use of a specially trained and certified attorney.
Scope of Authority
Section 32 B to the law, allows the EPA to appoint one or more attorneys-in-fact for:
- Personal matters – housing, personal care, lifestyle decisions.
- Property and financial matters – e.g., managing bank accounts, real estate, investments.
- Medical decisions – general health-related decisions (not including end-of-life care covered by the Dying Patient Act, 2005).
Advantages of an EPA
- Autonomy: The person appointing (the “principal”) decides who will make decisions, and under what limitations.
- Avoiding guardianship: An EPA prevents the need for court-appointed guardianship (commonly considered intrusive).
- Legal clarity: Provides binding guidance that reflects the principal’s values and intentions.
- Court support: EPAs have been upheld in Israeli case law as enforceable legal instruments, even when contested by family members (e.g., Family Court of Tel Aviv, FC 3143-08-21).
Practical and Procedural Notes
- Must be prepared by an attorney who has completed a certification course by the Ministry of Justice (per Regulation 3 of the EPA Regulations).
- Submitted via a secure online platform to the Office of the General Guardian.
- Becomes active only once a triggering condition is met (e.g., cognitive incapacity, confirmed by a physician).
- Can include one or more appointees and allow for joint or separate decision-making powers.
- Optional inclusion of a “supervising person” (Section 32F) to monitor execution.
Data Protection and Confidentiality
All EPA submissions are stored securely in the national system. Access is granted only to designated parties (attorneys-in-fact, supervising persons, and healthcare professionals as needed). The framework is aligned with Israeli data protection regulations and generally consistent with GDPR standards.
Why Consider Creating an EPA?
- To plan for old age or deteriorating health.
- To protect family harmony by clarifying responsibilities.
- To prevent unnecessary court intervention.
- To align future decisions with personal, religious, or cultural values.
An Enduring Power of Attorney offers a modern, dignified, and practical legal tool for managing one’s future. It ensures that your preferences are legally respected, even in times of vulnerability, and provides peace of mind to you and your loved ones.
