Continuing power of attorney (ייפוי כוח מתמשך): who will handle my affairs if I cannot
A continuing power of attorney is a document in which you choose ahead of time who will handle your affairs if one day you cannot do it yourself. This can happen, for example, because of illness or dementia. This way you may avoid a guardian appointed by a court.
Some details in this guide are still being checked against the official source. Before you rely on them, check the website of the responsible office.
What it is and why it matters
You choose a person you trust. They are called the **attorney (מיופה כוח)**. You decide what they can do: handle money and property, and sometimes also medical and personal matters. The document starts to work **only** if you stop being able to handle things yourself. Until then, you decide on your own.
- Choose one or more people you trust
- Talk to them ahead of time and make sure they are willing
- Think about what you want them to be able to do and what they must not do
The difference from guardianship
**Guardianship (אפוטרופסות)** is an appointment that a court makes after the person is no longer capable. The process is long, and the court chooses who will handle things. A **continuing power of attorney** is made ahead of time, while you are healthy and understand, and you choose yourself. That is why it is seen as a way that respects your wishes more.
Who can make a continuing power of attorney
An adult (over age 18) who understands the meaning of the document and its results. It is important to do it **early**, while it is clear that you understand. After the ability is harmed, it is no longer possible.
How to do it, step by step
1. Find a lawyer who has been trained by the Office of the Public Guardian (האפוטרופוס הכללי). Only such a lawyer can prepare the document. 2. At the meeting you say what you want, and the lawyer drafts the document and makes sure you understand it. 3. You and the attorney sign. 4. The lawyer deposits the document in the register of the Public Guardian. Only after the confirmation of deposit and the stamp is the document considered approved. 5. When one day you need it, a medical opinion will be submitted, and the Public Guardian will confirm that the document has taken effect. Time for handling the deposit: according to the official website, 21 business days from receiving all the documents (check again when you submit).
- Ask the lawyer if they were trained by the Public Guardian
- Ask ahead of time how much it costs, including the fee
- Get a copy of the document and the confirmation of deposit
- Tell your family where the document is
What to know about money
Large actions by the attorney, such as big gifts or deals with large sums, need approval from the Public Guardian. The amounts change, so check the official website before you rely on them. The attorney must act for your benefit, and not for their own.
What is not here
The amount of the fee and the lawyer's cost were not checked here and were not written. Ask the lawyer and check the Public Guardian's website.
Stages of handling your claim
- I chose an attorney
- I met with an authorized lawyer
- Signed
- Deposited with the Public Guardian
- I received the confirmation of deposit
This guide is meant to explain and guide. It is not legal advice and does not replace a lawyer. Before you decide and sign, talk to an authorized lawyer.
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