When you wish to legally appoint a family member or an attorney to represent you in Israel, you must first sign an Israeli Durable Power of Attorney. Until recently, Israeli power of attorney agreements would expire when the Principal becomes demented, whether due to age, an accident, or a disease.
Our firm, with its deep understanding of the Israeli legal system, is here to guide you through the intricacies of a power of attorney. We can help you comprehend the various types of power of attorney, the powers that can be delegated to an Israeli attorney, and the advance directives specified in a durable power of attorney. With our extensive experience and knowledge, we can navigate you through the legal process. If you are in need of an Israeli attorney, our firm is the right choice. Please reach out to us for more information.
Four Types of Power of Attorney Under Israeli Law
Specific Power of Attorney Form
A Specific Power of Attorney is necessary if you wish to have an Israeli lawyer represent you to handle matters like probate, if you wish to establish a corporation in Israel, or for any other type of legal representation in Israeli courts. When you sign a letter engaging your US lawyer to represent you in the US, language may be included that will give your US attorney “Authority to represent” you, and you may not have to sign a separate Power of Attorney agreement. But under Israeli law, you must sign a specific Power of Attorney Agreement using the correct form.
Irrevocable Power of Attorney Form
You must sign this type of document to authorize your Israeli attorney to represent you in real estate transactions. The Israeli Irrevocable Power of Attorney is used together with a valid sale contract to ensure that the buyer’s rights to the real estate will be legally transferred in the Israel Land Registry to the new buyer and vice versa that the buyer funds will be insured in a trust or escrow account. Under current Israeli law, an Irrevocable Power of Attorney will remain valid after the seller has passed away to protect a party’s rights. The correct form must grant an Irrevocable Power of Attorney in Israel.
If you are not a resident of Israel or cannot read Hebrew, you will need to obtain and sign an English version of the Power of Attorney. The English version is an exact translation of the Hebrew form.
General Power of Attorney Form
Israeli lawyers generally use it to conduct due diligence, pay taxes, and check in the various government departments. Without a Durable Power of Attorney, this type of power of attorney will not be valid if you become incapacitated or after your death.
Durable Power of Attorney Form
Until recently, there was no such thing as a Durable Power of Attorney in the Israeli legal system. But this changed in 2017. Today, individuals over 18 can execute a Durable Power of Attorney valid in Israel. With a Durable Power of Attorney, you – the “Principal” – can appoint a third party of your choice – your “Agent” – to conduct business on your behalf if you should become incapacitated or otherwise unable to handle your own financial and medical affairs.
What Powers May Be Granted to the Agent?
You, the “Principal,” may grant the “Agent” powers over your financial matters, personal affairs, and medical affairs, and the Agent may make decisions on your behalf.
Advance Directives in a Durable Power of Attorney
Your Israeli Durable Power of Attorney may include any advance directives you choose to be handled explicitly by the Agent. These directives could be general or specific.
Which Laws Supervise the Agent?
In a guardianship (or non-durable power of attorney), the Agent must file reports with the Administrator General and is subject to its supervision unless the principal has specified otherwise. With a Durable Power of Attorney, the Principal is permitted to appoint another person, which the Law refers to as the ‘informed person,’ and stipulate specific cases where the agent must submit reports to such person regularly or as directed by the Principal. These specific cases could include major financial transactions, changes in the Principal’s health status, or any actions that significantly affect the Principal’s interests.
Advance Directives in an Israeli Durable Power of Attorney
There are often advance directives specified in a Durable Power of Attorney. Such directives may be in general terms or expressly prescribe what the agent should do in specific circumstances.
Is the Agent in a Durable Power of Attorney Subject to Government Supervision?
Unlike guardianship, the Agent of a Durable Power is not required to file reports with the Administrator General and is not subject to its supervision unless the principal has specifically requested this.
Entering a Durable Power of Attorney into Effect
Entering a Durable Power of Attorney into Effect in Israel involves several steps. The document must be deposited online with the Administrator General. Although the Principal may stipulate otherwise, the Durable Power of Attorney only becomes effective after a qualified medical opinion has been submitted to the Administrator General stating that the Principal is no longer competent to make decisions about his person or property. This process ensures that the Durable Power of Attorney is activated at the right time, as per the Principal’s wishes.
When Can A Durable Power of Attorney Be Amended or Terminated?
The Principal may amend the Durable Power of Attorney at any time and may also amend/change the directives included in the original Agreement. In addition, when the Durable Power of Attorney is being drafted, the Principal may stipulate that they reserve the power to terminate the Durable Power of Attorney even after it enters into effect. You may also specify the circumstances under which it would expire.
When Does A Durable Power of Attorney Expire?
Under Israeli law, the Durable Power of Attorney expires upon the death of the principal. However, the agent usually has about three months after the death of the principal to wrap up business and financial affairs. This period allows the agent to handle any ongoing matters and ensure a smooth transition. However, this is only on condition that no other person/s has been appointed – such as a trustee or an executor for the estate.
Execution and Deposit of A Durable Power of Attorney
An Israeli Durable Power of Attorney must be completed in Hebrew and filed online by an Israeli attorney certified by the Administrator General’s office.
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