Americans living in Israel cannot rely on Israeli documents for wills, trusts, estates and Durable Power of Attorney to be accepted in a United States Court of law. Similarly, documents prepared in the United States may not fulfill the requirements of the Israeli legal system. If you want to make sure that your DPOA and other legal documents will be accepted in both the United States and in Israel, set up a consultation with David Page Law.
David Page Law is licensed to practice law in both Israel and in the United States. He has years of experience in helping clients navigate the gaps between the two legal systems in a way that ensures that the person’s wishes will be carried out in both jurisdictions.
Why Do You Need a Power of Attorney?
It’s not unusual for an individual to appoint a Power of Attorney, an individual who is authorized to perform specific legal acts on behalf of the person who has created the Power of Attorney. A POA can cover a wide variety of situations including handling financial and legal matters, making health decisions and directives for caring for one’s children.
A DPOA extends that POA to situations in which you may become incapacitated and unable to make decisions. A Durable Power of Attorney gives an individual the authority to make decisions on your behalf if you can’t make them yourself.
When Do You Create a Durable Power of Attorney?
People create a DPOA when they still have the capability to make decisions but want to plan for the future. With an Israeli Durable Power of Attorney, all of your rights are maintained regarding your own decisions about your financial/property, health and end-of-life wishes. Yet with this document, you are giving a second person the authority to take over those decisions if and when necessary.
Many dual citizens create a DPOA in the United States and assume that the document will automatically be accepted in the Israeli legal system. This is not the case. The laws and provisions of the DPOA differ from one country to the next and as such, your DPOA from the United States will not necessarily be accepted by the Israeli legal or health system. One of the biggest differences between an American DPOA and an Israeli DPOA involves the question of “mental competence” which in Israel can only be signed while a person is deemed mentally competent. So even if you signed a DPOA in the United States, it may not be applicable under Israeli law unless a separate Israeli DPOA is created.
To ensure that your DPOA will be accepted in Israel when it’s needed, speak to David Page Law, An American-Israeli lawyer who can create the documents in a way that protects your interests either or both countries in way that will ensure that your wishes will be honored in any circumstance.
There are additional documents that David Page Law can create for you as you plan for the future. They include a Will and/or an Estate Plan in which you put forth your wishes for the division of your assets in the event of your passing, a healthcare proxy in which you name the person who will make health care decisions for you in the event that it becomes necessary.