In recent years, the Enduring Power of Attorney (EPOA) has become one of the most important legal instruments in the fields of family wealth management and intergenerational planning.
As awareness of proactive legal and financial planning grows, many families in Israel now recognize the need to prepare for periods of uncertainty that may affect a person’s ability to make independent decisions.
What Is an Enduring Power of Attorney?
An Enduring Power of Attorney is a relatively new legal document that allows any adult (age 18 or older) to determine in advance who will make decisions on their behalf — regarding personal, medical, and financial matters — if they ever reach a situation where they are unable to do so themselves.
The EPOA enables you to appoint, in advance, one or more trusted individuals who will act according to your wishes, values, and preferences — precisely at the time when you are unable to make decisions yourself due to illness, accident, cognitive decline, or any temporary or permanent loss of capacity.
Why Every Person with Assets or a Business Should Have an Enduring Power of Attorney
Life is full of uncertainty. Many prefer not to think about scenarios involving loss of capacity — but experience shows that planning ahead is the key to protecting yourself, your assets, and your family.
Every person who owns assets should have an Enduring Power of Attorney. Here are a few reasons why:
1. Avoiding Court-Appointed Guardianship
Without an EPOA, in the event of incapacity, your family must petition the court to appoint a guardian — a process that is lengthy, costly, emotionally draining, and severely limits control over your assets and businesses.
In some cases, the court may even appoint an external guardian to manage your affairs — someone who does not know you or your family.
2. Protecting Your Wishes and Personal Values
The EPOA allows you to define in advance who will handle your affairs and how — ensuring that decisions are made according to your preferences and values.
3. Preventing Family Disputes
By clearly appointing one or more appointed agents, you significantly reduce the likelihood of conflicts among family members during times of crisis.
4. Ensuring Smooth and Continuous Management of Assets
Your appointed agent(s) can continue to manage your financial affairs — including real estate, businesses, investments, and other transactions — efficiently and seamlessly.
Without an EPOA, there is often a “gap period” before a guardian is appointed, during which it may be impossible to carry out essential business or property transactions.
How to Properly Prepare an Enduring Power of Attorney
Creating an EPOA requires careful planning and professional guidance. The process includes several key steps:
1. Choosing the Right Agent(s)
Select someone you trust completely, who understands your wishes, and who can make responsible and thoughtful decisions.
You may appoint different agents for different areas — for example, a family member for health decisions and another person for financial or business matters.
2. Detailed Planning of Instructions and Guidelines
Define in advance how you wish your assets to be managed, what actions should be permitted or restricted, how health and personal matters should be handled, and even your preferences for living arrangements and medical care.
3. Consulting an Experienced Attorney
Preparing an Enduring Power of Attorney requires specialized legal expertise in family wealth management and intergenerational planning.
It is not merely an administrative form to be filled and filed — it must be an integral part of your broader family wealth strategy.
An authorized and experienced lawyer will ensure that the document complies with all legal requirements and aligns with your overall asset and inheritance planning.
4. Aligning Expectations with Family Members
Have an open and honest conversation with your family to explain your decisions. Transparency and prior understanding help prevent future conflicts.
5. Signing and Depositing the Document
The EPOA must be signed before a lawyer authorized by the Administrator General, and then deposited with the Administrator General’s Office.
Depositing the document ensures it will enter into effect when needed — without unnecessary delays.
When the Time Comes
Once activated, the Enduring Power of Attorney allows your appointed representative(s) to act immediately and effectively, following your pre-defined instructions.
This ensures continuity, peace of mind, and control over all key aspects of your life — especially in times of crisis.
An Enduring Power of Attorney is undoubtedly one of the most powerful and intelligent legal tools available today.
It provides you and your family with security, stability, and clarity — protecting your assets, ensuring the smooth management of your affairs, and preventing unnecessary family disputes in the future.
Our firm is at your service for any questions regarding Enduring Powers of Attorney and family wealth transfer, and we would be pleased to guide you personally and professionally through the entire process.
The information above is for general purposes only and does not constitute legal advice.
