Recognition of an English Lasting Power of Attorney in Israel

Why English LPAs Do Not Automatically Apply in Israel

A Lasting Power of Attorney registered with the Office of the Public Guardian in England and Wales grants the appointed attorney legal authority to act on the donor’s behalf within the United Kingdom. However, Israeli banks, land registries, and other institutions are not bound by English legal instruments. Israeli law requires its own form of authority before third parties are obliged to recognise an attorney’s power to act.

This creates a practical problem for UK families with relatives who own Israeli assets. When a parent or family member loses mental capacity, the English LPA that was carefully prepared may prove insufficient to access Israeli bank accounts, manage Israeli property, or conduct transactions with Israeli institutions. Without recognition by the Israeli courts, the appointed attorney has no standing under Israeli law.

Rosenberg Law’s Experience with LPA Recognition: We regularly represent UK families who discover their English LPA cannot be used in Israel. In one matter, a family urgently needed to access their father’s Israeli bank account to pay for his care home fees in London, but the Israeli bank refused to accept the English LPA. We obtained Family Court recognition, enabling the family to manage the Israeli funds for their father’s benefit. Our dual-qualified Managing Partner, Eli Rosenberg, handles these matters from initial consultation through to court recognition.

The Recognition Process Before the Israeli Family Court

Recognition of a foreign power of attorney in Israel requires an application to the Family Court. The court must be satisfied that the foreign instrument was validly made under the law of the jurisdiction where it was executed, that it remains in force, and that giving effect to it in Israel would serve the protected person’s interests.

For an English LPA, this means demonstrating compliance with the Mental Capacity Act 2005 and the regulations governing registration with the Office of the Public Guardian. The court, at its discretion, may require evidence of the LPA’s registration, confirmation that it has not been revoked or suspended, and other information about the donor’s circumstances and connection to Israel.

Rosenberg Law’s Court Applications: We have successfully obtained recognition for English LPAs covering property and financial affairs, health and welfare matters, and combined instruments. We prepare all Hebrew court filings, translating them to English, signing the client’s at our London office, coordinate with Israeli institutions, and represent clients at hearings without requiring them to travel to Israel. Our bilingual practice—fluent in both English and legal Hebrew—means no intermediaries are needed, reducing costs and eliminating miscommunication risks.

The application must include an expert affidavit proving English law to the Israeli court. Israeli judges cannot be expected to know the provisions of the Mental Capacity Act 2005 or the regulations governing LPA registration in England and Wales. The burden falls on the applicant to prove, through sworn expert evidence, that the English LPA was validly executed under English law, that it confers the authority claimed, and that it remains in force. Without this affidavit of English law, the court has no evidential basis upon which to grant recognition.

Rosenberg Law’s Expert Affidavits: We provide the expert affidavits on English law that Israeli courts require. Eli Rosenberg’s dual qualification enables him to give expert evidence on English capacity law with the authority of a practising English solicitor, not merely as a commentator on foreign law. His affidavits address the statutory framework under the Mental Capacity Act 2005, the registration requirements of the Office of the Public Guardian, the formalities for valid execution, and the scope of powers conferred upon attorneys—all presented in the form Israeli judges require. This eliminates the need to engage separate English law experts, reducing costs and delays.

The expert affidavit must be prepared by a qualified legal practitioner with direct knowledge of English capacity law. It should address the statutory framework, the formalities required for valid execution, the role of the Office of the Public Guardian, and the scope of powers conferred upon the attorney. The affidavit provides the legal foundation upon which the Israeli court can satisfy itself that the English LPA meets appropriate standards comparable to Israeli requirements.

Processing times vary depending on the court’s schedule and the complexity of the application. Straightforward matters may be resolved within several months, but complications—such as objections from interested parties, questions about the donor’s capacity at the time of execution, or unclear asset ownership—may extend proceedings considerably.

Rosenberg Law’s Timeline Experience: In straightforward cases, we have obtained recognition within few months of filing. It can be done quicker although it depends on the time it will take for the attorney general to submit their response with the court. We advise clients realistically on expected timescales and keep them informed of progress throughout. Our Tel Aviv office monitors Israeli court schedules and responds promptly to judicial directions.

When Recognition May Not Be Sufficient

In certain circumstances, recognition of an English LPA may not resolve all difficulties. Israeli banks maintain their own compliance requirements and may request additional documentation even after court recognition is obtained. Some institutions may require the attorney to attend in person or provide specific undertakings before releasing funds or permitting transactions.

Where the donor’s Israeli affairs are particularly complex—involving multiple properties, business interests, or ongoing litigation—the court may impose conditions on the recognition or limit the scope of the attorney’s authority in Israel. In such cases, it may be necessary to seek specific directions from the court or to coordinate the English LPA with Israeli legal arrangements.

Rosenberg Law’s Bank Liaison Experience: We have extensive experience working with Israeli banks following LPA recognition. Bank Leumi, Bank Hapoalim, Mizrahi-Tefahot and Discount Bank each have different internal procedures. We coordinate directly with bank compliance departments, provide the specific documentation each institution requires, and resolve queries that arise during the account access process. In one matter, a bank initially refused to accept a recognised LPA despite the court order; we liaised with the bank’s legal department and obtained acceptance.

If no English LPA exists and the donor has already lost capacity, recognition is not an option. The family must instead apply to the Israeli Family Court for appointment of a guardian under Israeli law. Guardianship proceedings are more extensive than recognition applications and involve ongoing court supervision. This underscores the importance of cross-border capacity planning before incapacity occurs.

Rosenberg Law’s Guardianship Alternative: When recognition is not possible because no valid LPA exists, we advise on guardianship proceedings under Israeli law. We have represented UK family members seeking appointment as guardians for relatives with Israeli assets, handling court applications, and ongoing reporting requirements.

Disclaimer

The information on this page is provided for general guidance only and does not constitute legal advice. The law governing recognition of foreign powers of attorney in Israel is subject to judicial interpretation and may vary depending on individual circumstances. Readers must not rely upon this content for legal purposes and should obtain professional legal advice tailored to their specific situation. Rosenberg Law bears no responsibility for any actions taken or not taken based on this information.