Now that many of us have executed an Ongoing Power of Attorney (PoA) in Israel, it is important to know how to activate it if it is needed. The Agent named in the Ongoing PoA will activate it. “Activate” means to have it start to be used.
For example, Moshe, Eli’s son, needs to have an official document indicating that he can make decisions for Eli, medical and/or financial decisions. Eli resides in Israel. Eli as the Principal, prepared and correctly executed an Israeli Ongoing PoA several years ago naming Moshe as his Agent.
Note that activating an Israeli Ongoing PoA is not dependent on any other country’s PoA being activated or used. This means that the Agent can use the Israeli PoA independent of using another country’s PoA for the same loved one (same Principal). Other country’s PoAs may have other requirements to activate them. It is important to get legal advice regarding activating those PoAs from counsel in the other country (our office can advise on the U.S.).
When might activating the Israeli Ongoing PoA be needed?
- If our loved one is showing signs of needing help with managing their finances or making other decisions, such as medical choices; or
- If a physician requires a competency evaluation to consent to a medical procedure and the evaluation indicates that our loved one is not fully capable of making that decision themselves; or
- Many other scenarios that may arise where one’s competency may be questioned, requiring an evaluation, which can lead to determining that it is time to activate the Israeli Ongoing PoA.
How can an agent activate an Israeli Ongoing PoA?
- The Israeli Ongoing PoA document itself may state how it is to be activated. Therefore, when drafting yours, consider including a description of how it is to be activated. For example, perhaps you wish to allow a unanimous decision of your children to activate the Israeli Ongoing PoA, (as long as not all of the children are named as agents) or perhaps a particular doctor who will make the determination.
- If the Israeli Ongoing PoA does not state how it is to be activated, or if it states that it shall be activated per law, the law states that the following must occur:
- The Principal (person who originally signed the PoA naming the Agent) must undergo a competency evaluation performed by a neurologist, psychiatrist geriatric doctor, palliative care doctor, family doctor or a doctor specializing in rehabilitation, or certain psychologists.
- The Agent should not be present during the doctor’s examination of the Principal. A translator may be present if needed.
- Such doctor must prepare an expert opinion which has very specific requirements. It is important to ensure that the opinion meets all of the requirements, meaning contains all of the information set forth in the law.
- If you feel it would be helpful, the doctor preparing the expert opinion may also consult with anyone else who is relevant, in addition to conducting the examination of the Principal themselves.
- The opinion must then be submitted to the Ministry of Justice. It is very quickly reviewed (they are required to respond within 72 hours, but often respond far sooner). If the requirements are met, the Israeli Ongoing PoA will be activated. This process with the Ministry of Justice can be done entirely online if the Agent is an Israeli citizen (the Agent may receive a phone call for clarification). Proof of activation will be received by email. If submitting the documents for activation online is not possible for any reason, there is an option to do so in person during office hours.
- If there is more than one Agent appointed (not including substitute Agents) who will serve together, then all Agents need to agree to activate the Israeli Ongoing PoA and sign a designated form.
- Notice must be given to whomever the Principal lives with (such as another family member or the manager of the facility in which the Principal resides). Such notice will be submitted as part of activating the Israeli Ongoing PoA.
From my personal experience and experience of clients, please note:
- The doctors are not very familiar with the law’s requirements for the expert opinion. Therefore, you will need to make sure that all requirements have been met and you will want to do so, as you will want the expert opinion to be accepted by the Ministry of Justice fairly smoothly. To this end, you may wish to have your Israeli attorney advise you in this regard.
- Often a doctor at the Kupah (HMO) will not be willing to prepare the expert opinion. It will need to be paid for privately.
- Once the Israeli Ongoing PoA has been activated, the Agent will need to notify each institution and/or doctor, etc. with whom the Agent wishes to conduct business or interact, on behalf of the Principal. No one is automatically notified.
- It is best if the expert opinion is written in Hebrew, even if the evaluation was performed in another language.
I strongly advise anyone who either resides in Israel or owns any asset (real property or accounts) in Israel to seriously consider executing an Israeli Ongoing PoA.
This article provided a general overview of the relevant law.
If you have any further or more specific questions about activating an Israeli Ongoing PoA, or executing one, please contact Adv. Miriam Shatsky at: miriam@miriamshatsky.com 054-6353967 if you are in the Central region, or Adv. Rutly Peli at: 0528373894 mailto:rutlypeli.adv@gmail.com if you are in or near Jerusalem. Both of these amazing lawyers reviewed this article for its accuracy.
Now that many of us have executed an Ongoing Power of Attorney (PoA) in Israel, it is important to know how to activate it if it is needed. The Agent named in the Ongoing PoA will activate it. “Activate” means to have it start to be used.
For example, Moshe, Eli’s son, needs to have an official document indicating that he can make decisions for Eli, medical and/or financial decisions. Eli resides in Israel. Eli as the Principal, prepared and correctly executed an Israeli Ongoing PoA several years ago naming Moshe as his Agent.
Note that activating an Israeli Ongoing PoA is not dependent on any other country’s PoA being activated or used. This means that the Agent can use the Israeli PoA independent of using another country’s PoA for the same loved one (same Principal). Other country’s PoAs may have other requirements to activate them. It is important to get legal advice regarding activating those PoAs from counsel in the other country (our office can advise on the U.S.).
When might activating the Israeli Ongoing PoA be needed?
- If our loved one is showing signs of needing help with managing their finances or making other decisions, such as medical choices; or
- If a physician requires a competency evaluation to consent to a medical procedure and the evaluation indicates that our loved one is not fully capable of making that decision themselves; or
- Many other scenarios that may arise where one’s competency may be questioned, requiring an evaluation, which can lead to determining that it is time to activate the Israeli Ongoing PoA.
How can an agent activate an Israeli Ongoing PoA?
- The Israeli Ongoing PoA document itself may state how it is to be activated. Therefore, when drafting yours, consider including a description of how it is to be activated. For example, perhaps you wish to allow a unanimous decision of your children to activate the Israeli Ongoing PoA, (as long as not all of the children are named as agents) or perhaps a particular doctor who will make the determination.
- If the Israeli Ongoing PoA does not state how it is to be activated, or if it states that it shall be activated per law, the law states that the following must occur:
- The Principal (person who originally signed the PoA naming the Agent) must undergo a competency evaluation performed by a neurologist, psychiatrist geriatric doctor, palliative care doctor, family doctor or a doctor specializing in rehabilitation, or certain psychologists.
- The Agent should not be present during the doctor’s examination of the Principal. A translator may be present if needed.
- Such doctor must prepare an expert opinion which has very specific requirements. It is important to ensure that the opinion meets all of the requirements, meaning contains all of the information set forth in the law.
- If you feel it would be helpful, the doctor preparing the expert opinion may also consult with anyone else who is relevant, in addition to conducting the examination of the Principal themselves.
- The opinion must then be submitted to the Ministry of Justice. It is very quickly reviewed (they are required to respond within 72 hours, but often respond far sooner). If the requirements are met, the Israeli Ongoing PoA will be activated. This process with the Ministry of Justice can be done entirely online if the Agent is an Israeli citizen (the Agent may receive a phone call for clarification). Proof of activation will be received by email. If submitting the documents for activation online is not possible for any reason, there is an option to do so in person during office hours.
- If there is more than one Agent appointed (not including substitute Agents) who will serve together, then all Agents need to agree to activate the Israeli Ongoing PoA and sign a designated form.
- Notice must be given to whomever the Principal lives with (such as another family member or the manager of the facility in which the Principal resides). Such notice will be submitted as part of activating the Israeli Ongoing PoA.
From my personal experience and experience of clients, please note:
- The doctors are not very familiar with the law’s requirements for the expert opinion. Therefore, you will need to make sure that all requirements have been met and you will want to do so, as you will want the expert opinion to be accepted by the Ministry of Justice fairly smoothly. To this end, you may wish to have your Israeli attorney advise you in this regard.
- Often a doctor at the Kupah (HMO) will not be willing to prepare the expert opinion. It will need to be paid for privately.
- Once the Israeli Ongoing PoA has been activated, the Agent will need to notify each institution and/or doctor, etc. with whom the Agent wishes to conduct business or interact, on behalf of the Principal. No one is automatically notified.
- It is best if the expert opinion is written in Hebrew, even if the evaluation was performed in another language.
I strongly advise anyone who either resides in Israel or owns any asset (real property or accounts) in Israel to seriously consider executing an Israeli Ongoing PoA.
This article provided a general overview of the relevant law.
If you have any further or more specific questions about activating an Israeli Ongoing PoA, or executing one, please contact Adv. Miriam Shatsky at: miriam@miriamshatsky.com 054-6353967 if you are in the Central region, or Adv. Rutly Peli at: 0528373894 rutlypeli.adv@gmail.com if you are in or near Jerusalem. Both of these amazing lawyers reviewed this article for its accuracy.
We are at your service for any questions or clarifications via email or phone at 03-370-5000
With regards,
Intergenerational Transfers, Private Wealth Management & Domestic Law Practice
Shibolet & Co.
The information in this update is provided solely as general information and may not be relied upon for any individual instances without further legal consultation.
