Continuing Power of Attorney
Continuing Power of Attorney
for Property Management in Israel
A property CPoA can authorise your appointee to sell, rent, mortgage, or manage your Israeli real estate when you can no longer act yourself. Adv. Liron Elmaliach explains what the document can — and cannot — authorise.
What Property Authority Can a CPoA Grant?
A property Continuing Power of Attorney can grant your appointee wide-ranging authority over real estate — but only to the extent that the document explicitly sets out. This makes precision in drafting essential. The scope of property authority can include: renting out a residential or commercial property, negotiating lease terms, collecting rent, selling the property, signing transfer documents, engaging with the Land Registry (Tabu), and even mortgaging the asset to secure financing.
Some transactions require court approval even where a CPoA is in place. Gifting property — transferring it without consideration — is generally not permitted under a standard property CPoA and may require a specific judicial order. Similarly, transactions involving a conflict of interest (for example, the appointee buying the property from you) require court oversight. These safeguards exist to protect the grantor from abuse.
Jointly-owned property presents additional complexity. If you own a property together with a spouse, partner, or co-heirs, your appointee can only act on your share — not on the full asset. For complete management authority, both co-owners should each execute a CPoA, ideally with coordinated terms. This is a planning conversation worth having with your attorney before the document is signed.
For Israelis living abroad, a property CPoA is particularly valuable. It means that someone in Israel can manage, maintain, sell, or rent your property on your behalf if you become incapacitated — without the family needing to pursue lengthy court proceedings in Israel while you are overseas.
Practical Scenarios — Property and Overseas Israelis
Consider an Israeli who has moved to the United States and owns an apartment in Jerusalem. If they become incapacitated — whether due to illness, an accident, or cognitive decline — and have no CPoA in place, their family faces a difficult situation. Managing or selling the property requires either a guardianship appointment from an Israeli court, or waiting years for an estate proceeding. A properly drafted property CPoA eliminates this problem entirely.
Through the CPoA, the appointed attorney-in-fact can engage a real estate agent in Jerusalem, sign a purchase agreement on behalf of the grantor, and execute the transfer documents at the Tabu — all remotely, without the grantor needing to be present or capable. Bank transactions related to the sale — receipt of proceeds, payment of capital gains tax, wire transfers — can also be authorised in the document.
For rental management, the appointee can sign lease agreements with tenants, collect rent, deal with property disputes, and engage contractors for maintenance. This is particularly important for Israelis who own multiple properties and rely on rental income that must continue uninterrupted even if they lose capacity.
A special note applies to properties on church-leased land in Jerusalem — notably areas leased from the Greek Orthodox Patriarchate or the Latin Patriarchate. These properties involve a layered ownership structure (separate ownership of building and land), and the authority of an appointee to act on them may require specific language and additional verification. Adv. Liron Elmaliach is familiar with the particular characteristics of Jerusalem real estate and can advise accordingly.
Frequently Asked Questions — CPoA and Property
Common questions about property authority under a Continuing Power of Attorney
Need Advice on Property Authority in a CPoA?
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