Continuing Power of Attorney — Israel
Continuing Power of Attorney for One Party
When Only One Spouse Signs
Couples often assume a Continuing Power of Attorney must be signed together. In fact, each person executes their own independent document. Adv. Liron Elmaliach explains the implications — and how to protect both parties.
Why Would Only One Spouse Execute a CPoA?
A common misconception is that a Continuing Power of Attorney is a joint document that couples sign together. Under Israeli law, each person executes their own independent CPoA — there is no shared document, and neither spouse requires the other's involvement or consent.
One party may wish to proceed while the other is not yet ready — perhaps one partner is temporarily abroad, one has pressing health concerns that make the matter urgent, or one simply wishes to act independently without coordinating with their spouse. All of these are entirely legitimate scenarios, and the resulting document is fully valid in law.
A unilateral CPoA covers the grantor's healthcare decisions, personal welfare, and financial affairs — including their share of jointly-owned assets. It does not bind or cover the other spouse, but it does ensure that the grantor's own interests are protected if capacity is ever lost.
In practice, it is always advisable for both spouses to execute their own CPoAs — even at different times. However, waiting for a reluctant or unavailable spouse should never delay one party from protecting themselves.
Practical Implications — Property, Medical Decisions, and Protection
When only one party holds a CPoA, the other remains exposed. If the non-CPoA spouse loses capacity — due to illness, an accident, or cognitive decline — the family would need to apply to the Family Court for a court-appointed guardian. This process takes four to eight months, involves legal fees, a psychiatric assessment, and a judicial decision over which neither spouse had advance input.
Jointly-owned assets present a particular challenge. If the non-CPoA spouse becomes incapacitated, no one has authority to act on their behalf without a court order — meaning that a shared bank account may be frozen, and jointly-owned property cannot be sold or transferred until guardianship is resolved.
The spouse who does hold a CPoA is protected: their own appointee can act for them immediately, without court involvement, as soon as capacity is lost and the activation conditions are met. Their medical decisions and financial affairs remain in trusted hands.
The clearest protection for a couple is for both parties to sign separately — even if not simultaneously. Adv. Liron Elmaliach recommends that both spouses execute their individual CPoAs, and can guide both parties through the process in a coordinated and efficient manner.
Frequently Asked Questions — CPoA for One Party
Common questions about unilateral Continuing Powers of Attorney in Israel
Protect Yourself — Even Before Your Spouse Is Ready
Continuing Power of Attorney — Free Initial Consultation
Authorised by the Official Receiver