continuous power of attorney

Without a legal arrangement already in place, those caring for you must go through a difficult legal process to request the appointment of a guardian. Eventually, the court will assign a legal guardian to make decisions for you—who may or may not be the person you would have chosen.

Every financial, medical, or personal matter must go through the guardian, who is subject to strict supervision and must report regularly to the General Guardian’s Office. Even seemingly simple actions—like approving treatments or accessing funds—often require additional approval from the court or other authorities. Beyond the bureaucracy, the process is often lengthy, emotionally exhausting, and costly.

Worst of all, decisions about your life may be made by someone else based on what they believe is best—not necessarily what you would have wanted.

For example:

• • Miriam, 78, suffered a stroke. Without a Continuous Power of Attorney in place, her children were forced to petition the court for guardianship. The process dragged on for months, delaying urgent decisions and creating tension within the family. In the end, the court-appointed guardian decided it was in Miriam’s “best interest” to move her to a nursing facility despite her children’s objections and Miriam’s lifelong wish to remain in her own home.

• • David, 64, experienced a temporary mental health crisis following surgery. Because he had no CPOA in place, his caregivers were not authorized to make even basic decisions on his behalf. He was transferred to a rehabilitation facility where, despite his strict adherence to a kosher diet, staff provided non-kosher meals. His family had no legal standing to intervene or insist on accommodations that respected his beliefs.

• • Eitan, 72, wanted to refinance the mortgage on the apartment he jointly owned with his wife, who had developed dementia. Although he had been appointed her legal guardian, without a CPOA, he still had to apply to the General Guardian’s Office and the court for approval. The process took six months, requiring legal representation, financial documents, and a professional appraisal. By the time approval was granted, interest rates had risen, and the opportunity was no longer financially worthwhile.

The solution: Continuous Power of Attorney

A Continuous Power of Attorney (CPOA) offers a respectful, proactive alternative to court-appointed guardianship and instead of having decisions made for you, a CPOA lets you decide in advance who will act on your behalf and how they should do so, according to your values and preferences.

With a CPOA, you can appoint a trusted person—or several people—to manage your personal, medical, and financial affairs if you lose decision-making capacity, whether temporarily or permanently. This allows your loved ones to act quickly and confidently, without waiting for court approval or navigating complex bureaucracy.

The CPOA model was first developed in countries like the UK, Canada, and Australia and was adopted in Israel in 2017. Only lawyers certified by the Ministry of Justice are authorized to prepare and register it.

The process:

1. 1. Meet with a certified lawyer to review your personal situation—financial, medical, and family – choose one or more trusted appointees who will act on your behalf if you lose capacity. You will define the scope of authority – such as health care, finances, and living arrangements – and include any personal instructions, preferences, or values you want honored.

• • Sign the CPOA in the presence of your lawyer while you are of sound mind. Your appointees will also sign the document, which can often be done remotely via video call or digital means.

• • The lawyer submits the signed document electronically to the General Guardian’s Office for official registration, after which it is securely stored in standby mode – valid for your entire lifetime unless revoked.

• • Activation only occurs when a medical opinion confirms loss of capacity and formal notification is made to the authorities.

Don’t wait for a crisis to make the decisions for you.

A Continuous Power of Attorney gives you clarity, dignity, and peace of mind—while protecting your loved ones from unnecessary stress, delays, and legal obstacles during difficult times.

Every person’s situation is unique. Your CPOA should reflect your specific needs, values, and family dynamics. That’s why I work closely with each client to create a personalized, thoughtful plan. Contact me today for a free consultation, and let’s build the right solution for you.