Many families today are split between Israel and abroad: parents living in Israel and children in France, Russia or the United States, or new immigrants who keep part of their lives in their country of origin. A continuing power of attorney in such situations needs extra planning.
Who witnesses the signing?
A full continuing power of attorney is signed before an Israeli lawyer who has completed the Administrator General’s training, and is deposited with the Administrator General in Israel. If the grantor lives abroad or spends most of his time there, check in advance with the lawyer the practical way to sign, and coordinate it with a visit to Israel. The lawyer must meet the grantor and verify that he understands the document and is free of pressure or undue influence.
An attorney living abroad: is it a good idea?
The law does not prohibit appointing an attorney who lives abroad, but practical questions matter: who will come to the hospital, meet the bank, sign documents and choose a caregiver? Common solutions:
- Appoint two attorneys, one in Israel and one abroad, each able to act alone.
- Divide areas: an attorney in Israel for personal and medical matters, and a child abroad for finances, much of which can be handled remotely.
- Appoint the child abroad as informed person, so he stays in the picture without managing day-to-day matters.
Assets in Israel and abroad
An Israeli continuing power of attorney is intended first and foremost for actions in Israel: the apartment, bank accounts, pension funds and medical care here. Its recognition abroad is not guaranteed, and if there are assets or accounts abroad, a parallel document under local law may be needed. The documents should be coordinated so they do not contradict each other.
Language and understanding
The grantor must understand the document he signs. If Hebrew is not his native language, it is important that the explanation be given in a language he understands. At Paz Israel & Co. Law Office we also work with English-, French- and Russian-speaking clients. Before the meeting, read our meeting preparation checklist.
Where do you go from here?
Every person and every family is different, so a good continuing power of attorney is built around the assets, the family relationships and the wishes of the person granting it. At Paz Israel & Co. Law Office we draft continuing powers of attorney and advance directives, and we also support families when the document comes into force. For more information see our continuing power of attorney page, or contact us to schedule a meeting.
This article provides general information, is correct as of the time of writing, and does not constitute legal advice or a substitute for reviewing your specific circumstances.