Question 1

What is a Continuing Power of Attorney?

Accepted Answer

A Continuing Power of Attorney (CPoA) is a legal document that allows a person to decide in advance who will manage their affairs — medical, personal, and financial — if one day they can no longer make decisions for themselves. It is called "continuing" because it remains in effect even after the grantor loses legal capacity — unlike a regular power of attorney, which lapses at that very moment.

Question 2

What is the difference between a regular power of attorney and a Continuing Power of Attorney?

Accepted Answer

A regular power of attorney lapses the moment the grantor loses legal capacity — precisely when it is most needed. The Continuing Power of Attorney was created to solve this problem: it remains in effect even after the person is no longer capable of making decisions. This is the fundamental difference that defines the entire importance of the document.

Question 3

Who can prepare a Continuing Power of Attorney?

Accepted Answer

A CPoA can only be prepared before an attorney authorised by the Official Receiver. Not every attorney has undergone this training. Adv. Liron Yitzhak Elmaliach is authorised, registered in the official authorised-practitioners registry, and specialises in this area.

Question 4

Who can be the appointee (attorney-in-fact)?

Accepted Answer

The appointee can be any adult the grantor trusts — a spouse, child, sibling, or close friend. More than one appointee can be named and powers divided between them — for example, one for health matters and one for property. A person in bankruptcy proceedings cannot be appointed.

Question 5

How much does a Continuing Power of Attorney cost?

Accepted Answer

The cost of a CPoA ranges from 1,500 to 4,000 ILS per person, depending on the complexity of the document, the number of appointees, and medical annexes. There is also an Official Receiver approval fee in addition. A transparent quote is provided upfront.

Question 6

How long does it take to prepare and register a CPoA?

Accepted Answer

After the consultation meeting, drafting the document typically takes 1–2 weeks. After signing before the attorney, the document is submitted to the Official Receiver for approval — a process that takes several additional weeks. Once complete, the document is registered in the national registry and in full force.

Question 7

When does the Continuing Power of Attorney take effect?

Accepted Answer

The CPoA takes effect only when the grantor is no longer able to make decisions — confirmed by a medical assessment. The document can specify the conditions for activation and the verification mechanism. Until that point, the document is registered but inactive.

Question 8

Can instructions about medical treatment be included?

Accepted Answer

Yes. An important component of the CPoA is the option to include "advance medical directives" — medical instructions for end-of-life treatment, including instructions about resuscitation, connection to life-support machines, and conditions for withdrawing treatment. These directives honour the person's wishes even when they can no longer express them.

Question 9

Does a Continuing Power of Attorney replace a will?

Accepted Answer

No. The two documents complement each other. A CPoA is valid during the grantor's lifetime — when they cannot make decisions. A will takes effect after death and governs distribution of assets. It is strongly advisable to have both.

Question 10

Can a Continuing Power of Attorney be revoked?

Accepted Answer

Yes — as long as the grantor retains legal capacity, they can revoke the CPoA at any time by giving notice to the Official Receiver and the appointee. Once revocation is confirmed, the document is removed from the registry.

Question 11

What happens if there is no CPoA and a person loses capacity?

Accepted Answer

Without a CPoA, the family must apply to the Family Court for a guardianship appointment. The process takes 4–8 months, involves significant costs, and the court — not you — decides who manages your affairs.

Question 12

Is a Continuing Power of Attorney only for the elderly?

Accepted Answer

Not at all. A road accident, stroke, or serious illness can affect anyone at any age. A CPoA is relevant for every adult — and especially for anyone with children, assets, or family members who depend on them. The earlier it is prepared, the better the protection.

Question 13

What is special about a CPoA for parents of children with disabilities?

Accepted Answer

Parents of children with disabilities can include in the CPoA provisions concerning care for the child even after the parents themselves can no longer provide it — both as regards guardianship and financial aspects. This advance planning is critical for these families.

Question 14

Can a CPoA be prepared for an elderly parent?

Accepted Answer

Yes, but it is important that the parent themselves is competent at the time the document is prepared. A CPoA can only be prepared when the person is competent — not after they have already lost capacity. The earlier the process is started, the easier it is. If the parent is already no longer competent, guardianship proceedings are required.

Question 15

What is the difference between a personal CPoA and a property CPoA?

Accepted Answer

A personal CPoA authorises the appointee to make decisions about health, welfare, and residence. A property CPoA authorises them to manage money, assets, and bank accounts. One person can be appointed for both domains, or two different people — according to the grantor's judgement.

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Introduction — What Is a CPoA and Why It Matters

15 Detailed Questions and Answers

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Have Another Question?

Continuing Power of Attorney
Frequently Asked Questions