Family Law & Future Planning
Continuing Power of Attorney and Divorce
What You Need to Know
Divorcing in Israel? A Continuing Power of Attorney naming your spouse does not cancel itself automatically. Act now to protect your affairs.
What Happens to a CPoA When You Divorce?
Many people assume that once they file for divorce, any legal document naming their spouse is automatically cancelled. This is incorrect. In Israel a Continuing Power of Attorney does not automatically become invalid upon divorce. The document remains in full legal effect until it is explicitly revoked — meaning your ex-spouse may still hold authority over your medical decisions and financial affairs unless you act.
The governing legislation — the Legal Capacity and Guardianship Law 5722-1962, as amended to introduce the Continuing Power of Attorney mechanism — grants the grantor the right to revoke the CPoA at any time while they retain legal capacity. This right exists from the moment of separation and does not require waiting for the divorce to be legally finalised.
Revocation is carried out by submitting written notice to the Official Receiver, together with notice to the appointee. Once processed, the revocation is registered in the national CPoA registry and takes full legal effect. Medical providers, banks, and other institutions can verify the current status of any document through the registry.
A common concern is timing: a divorce agreement does not, by itself, cancel an existing CPoA. Even if the agreement includes provisions about property division or guardianship of children, it does not extend to the Continuing Power of Attorney unless the document is separately revoked. The revocation must be carried out through the Official Receiver.
The moment you decide to separate, updating or revoking any CPoA that names your spouse should be treated as urgent. Adv. Liron Elmaliach can guide you through the revocation process and, where appropriate, help you execute a new CPoA appointing someone you trust.
Drafting a New CPoA After Divorce — Protecting Your Future
After revoking a CPoA that named your spouse — or even during separation, once you are certain of your choice — it is strongly advisable to execute a new Continuing Power of Attorney that names a trusted person who is not your ex-spouse. Having no CPoA in place at all creates a gap: if you were to become incapacitated without one, your family would need to apply to the Family Court for a guardianship order, a process that takes months and is entirely outside your control.
Choosing who to appoint after divorce requires careful thought. An adult child, a sibling, or a close trusted friend are common choices. You may wish to appoint different people for medical and financial matters — for example, a child who lives nearby for health decisions, and a financially experienced sibling for asset management. The document can be tailored precisely to your preferences.
A new CPoA also interacts with your will. If your existing will names your spouse as executor or primary beneficiary, it is advisable to review and update both documents at the same time. The CPoA governs decisions made while you are alive but incapacitated; the will governs what happens to your estate after death. Coordinating them ensures there are no contradictions and no person holds authority you no longer wish them to hold.
The timing of the new CPoA relative to the divorce proceedings matters. You do not need to wait for the divorce to be granted — you can execute a new document as soon as the old one has been revoked. In many cases, Adv. Liron Elmaliach can manage both processes in parallel, ensuring you are never without protection.
Frequently Asked Questions — CPoA and Divorce
Answers to the most common questions about Continuing Powers of Attorney during and after divorce
Act Now — Protect Your Affairs
Revoke or update your Continuing Power of Attorney — Free Initial Consultation
Authorised by the Official Receiver