Navigating Power of Attorney (POA) Use During Wartime Abroad: A Case Like Israel

Imagine you’re abroad, managing family or business matters tied to a country currently embroiled in conflict say, Israel. Embassies are shut down. FedEx and other reliable courier services are suspended. Air travel is restricted. Yet you urgently need to sign legal documents back home perhaps to sell a property, handle banking, or authorize medical treatment for a family member. What now?

In such high-stakes situations, the Power of Attorney (POA) can become a critical legal instrument. It allows you to appoint someone you trust to act on your behalf, often handling time-sensitive or legally binding affairs. But what happens when issuing or delivering a POA becomes nearly impossible because of a war?

This article dives into the complex but vital topic of using a POA when embassies are closed, traditional mailing systems fail, and normal channels of legal communication are down. Using Israel’s ongoing conflict as a real-world example, we’ll explore the legal possibilities, technological workarounds, and strategic moves that individuals can make to stay empowered even when chaos surrounds them.

What is a Power of Attorney (POA)?

A Power of Attorney (POA) is a legal document that grants someone else the authority to act on your behalf. The person granting the power is known as the principal, and the one receiving it is the agent or attorney-in-fact. POAs can be broad, granting general legal rights, or narrow, permitting specific tasks like signing a real estate contract or managing a bank account.

There are several types of POA:

• General POA: Covers a wide range of decisions and actions.
• Special or Limited POA: Restricted to a particular task or timeframe.
• Durable POA: Remains valid even if the principal becomes incapacitated.
• Medical POA: Deals specifically with healthcare decisions.

In international contexts, the validity of a POA depends heavily on how and where it’s notarized, whether it’s apostilled, and if the receiving country legally recognizes it. In stable conditions, the process is relatively straightforward: draft the document, notarize it locally, obtain an apostille if necessary, and ship it. But in wartime, each of these steps can become a minefield of complications.

Legal Recognition of POA Across Borders

The international recognition of a POA largely hinges on whether both countries involved are part of the Hague Apostille Convention. This treaty simplifies the process of validating public documents for international use by requiring only a standardized apostille certification, rather than full consular legalization.

Here’s how it typically works:

1. The POA is drafted and signed in your country of residence.
2. A local notary authenticates the signature.
3. An apostille is obtained from a designated government office.
4. The document is sent to the recipient country and presented to relevant institutions.

But what if your country’s embassy is closed due to war? Or the country you need to send documents to is in conflict and can’t receive international mail? That’s where the usual legal pipeline breaks down.

In the case of Israel during wartime, its embassies might not accept new POA submissions, or they might be operating at reduced capacity. If you’re in a country where Israeli diplomatic presence is limited, and FedEx or DHL isn’t an option, even physically delivering the POA becomes a problem.

This creates a unique legal limbo where your right to assign authority exists, but the mechanism to transmit and recognize that authority is severely compromised.

Obstacles in War-Torn Regions

In a country like Israel during active conflict, logistical and legal challenges abound:

• Embassy Closures: If Israeli embassies or consulates are closed or understaffed, obtaining consular notarial services is virtually impossible.
• Courier Service Disruptions: FedEx, UPS, and national postal services often halt operations in active war zones, leaving you without a reliable method to deliver physical documents.
• Power Outages and Infrastructure Damage: These can shut down notary offices or prevent banks, legal firms, or government agencies from accessing or verifying legal paperwork.
• Emergency Government Measures: During wartime, normal legal standards might be temporarily suspended. Courts may operate on emergency hours or shift to digital-only systems.
• Lack of Notary Access: If you’re within the conflict zone yourself, you might not be able to visit a local notary safely.

All these factors combined make it incredibly difficult to execute a POA in the traditional way. The result? Delayed legal processes, missed deadlines, and increased vulnerability for those who need immediate legal representation.

Israel’s Current Situation

In the context of Israel’s ongoing war, embassies and consular services have become unpredictable. Many have limited their services to emergency functions only. If you’re an Israeli citizen living abroad and trying to use a POA to authorize a legal transaction in Israel like selling an apartment, managing an inheritance, or handling a court case you’re likely hitting brick walls.

There are a few workarounds that Israeli citizens or dual nationals may consider:

• Digital Signature Platforms: While not universally accepted, Israel has started to recognize certain digital signatures for limited legal functions.
• Third-Country Consular Services: Traveling to a nearby country with an open Israeli embassy to process the POA.
• Local Israeli Lawyers: Appointing a lawyer within Israel who can act as your agent. In some cases, a verbal mandate or faxed directive may be temporarily acceptable, especially if backed by a follow-up legal process.

However, these methods are not guaranteed. The legal climate in Israel can change daily depending on the severity of the conflict and government advisories.

Using POA Without Physical Embassies

When embassies are closed due to war or political instability, signing a POA becomes complicated, but not impossible. Without embassy support, you lose access to official notarization services that many countries rely on for validating foreign legal documents. However, workarounds exist especially in a digitally connected world.

One increasingly viable option is remote or online notarization, where the principal signs a POA in front of a certified notary via video conference. The notary verifies identity and issues a notarized document, often with a digital certificate. This method is recognized in several countries including the U.S. (certain states), the UK, and Canada.

But recognition abroad is the big challenge. Israel, for instance, generally does not accept POAs unless they are:

• Signed before an Israeli notary or
• Authenticated by an Israeli diplomatic mission

So without physical embassies, you’d need to find alternative channels. This could include:

• Traveling to a neighboring country where an Israeli embassy is operating
• Using a local notary and apostille (if both countries are in the Hague Apostille Convention)
• Creating a dual POA—one for your home country and one specifically formatted to Israeli legal requirements

Another smart move is to retain a local Israeli lawyer or power holder, whom you’ve previously authorized via a valid POA. This pre-arrangement allows them to continue acting on your behalf even during embassy shutdowns, provided the original POA is still legally active.

Still, these alternatives come with caveats. For example, Israel may not honor a remote notarization unless it’s accompanied by an apostille or certified translation. And without embassy staff to verify or stamp documents, you may face delays in acceptance by Israeli institutions such as banks, courts, or land registries.

In such scenarios, time becomes your enemy. That’s why planning ahead getting a POA signed and notarized while embassies are still open is often the best insurance policy against future crisis-related bottlenecks.

Online and Remote Notarization Options

As the legal world embraces digital transformation, online notarization has emerged as a powerful alternative, especially during emergencies. If you can’t physically deliver a POA to a conflict zone like Israel, remote notarization platforms may be your best bet.

Services like Notarize.com, DocuSign Notary, and OneNotary allow users in many countries to:

• Upload a legal document
• Verify identity via passport or government ID
• Video chat with a licensed notary
• Receive a digital notarized copy instantly

In the U.S., at least 40 states recognize remote notarization, and a growing number of countries are introducing legislation to accommodate this model. However, international acceptance is inconsistent.

Here’s how you might make it work:

1. Draft a POA in the language and format acceptable in Israel.
2. Notarize it remotely in your country using a certified platform.
3. Obtain an apostille (if applicable) for international use.
4. Send a digital copy to your attorney or representative in Israel.
5. Follow up with a physical copy when courier services resume.

It’s important to remember that Israeli courts and institutions may not fully accept digital notarization unless certain steps are followed. That’s why working closely with a lawyer in Israel is key. They can advise whether your digital POA will hold legal weight or if an exception can be made during wartime.

Even if remote notarization isn’t 100% recognized, it can still serve as:

• Interim authority until a physical POA is delivered
• Evidence of intent and authorization, helpful in legal disputes
• Backup documentation to accompany a scanned physical POA

While not a perfect replacement, online notarization offers a faster, safer, and potentially life-saving method of maintaining legal agency during wartime disruptions.

Appointing a Local Representative or Attorney in Fact

When dealing with legal issues in a conflict zone like Israel, one of the most effective strategies is to appoint someone already physically located in the country to act as your agent this person becomes your attorney-in-fact.

Why is this critical? Because local agents:

• Have immediate access to Israeli courts, banks, and land offices.
• Don’t rely on international shipping or embassy services.
• Can act quickly in emergencies like frozen assets or urgent medical consent.

Here’s how it works:

• You draft a POA giving them limited or general powers.
• The document is notarized and legalized before the crisis, or remotely with additional verification.
• They keep a certified copy in hand and use it as needed.

This representative could be:

• A trusted family member or friend
• A licensed Israeli lawyer
• A business partner or co-founder

In Israel, lawyers often act as official representatives in real estate, inheritance, and corporate matters. Many law firms even offer escrow and POA services specifically for foreign nationals unable to travel.

But remember, this arrangement hinges on preparation. If you wait until after the conflict begins and embassy services are down, appointing someone locally becomes harder especially if the new POA needs notarization or apostille.

If you haven’t pre-appointed someone, there may still be options:

• Issue a temporary verbal mandate, where permissible under Israeli law
• Use scanned copies or digital POAs in conjunction with a lawyer’s affidavit
• Request emergency authorization from courts (though this can take time)

Ultimately, appointing a trustworthy, proactive local representative is your best safeguard against bureaucratic breakdown during wartime.

Temporary Legislation or Governmental Relief

In times of war, governments often introduce temporary legal relief measures to help citizens navigate disrupted legal systems. Israel, for instance, has a history of enacting special provisions during national emergencies including adjustments to POA laws, court processes, and administrative protocols.

During military conflicts or national disasters, these emergency orders might:

• Extend deadlines for POA validations or document submissions
• Allow electronic submissions of scanned or uncertified POAs
• Enable courts or banks to act with greater flexibility in accepting digital or unsigned documentation

For example, in previous crises, Israel’s Ministry of Justice allowed temporary use of scanned legal documents and affidavits for land transactions and estate proceedings. Courts may also appoint temporary guardians or legal proxies without full POA documentation if it’s proven the principal is unreachable due to the conflict.

To benefit from such provisions, you need to:

• Work with an Israeli lawyer familiar with wartime legal adjustments
• Monitor official updates from Israeli embassies, ministries, and the Bar Association
• Be ready to provide proof of unavailability or risk, such as flight bans or embassy closures

Another avenue could be joint POA registration with legal firms some firms in Israel maintain pre-registered POAs for clients abroad, ready to activate in case of emergency. These arrangements often include an escrowed copy of your POA and a local attorney authorized to act only under defined crisis conditions.

This kind of flexibility is vital when your ability to physically execute a document disappears overnight. Temporary legislation, while not a permanent fix, can serve as a crucial lifeline for maintaining legal and financial continuity.

Verifying a POA’s Validity from Abroad

Once you’ve created and signed a POA abroad, the next critical step is ensuring its recognition and validity in the foreign country where it’s meant to be used especially during wartime or when that country’s infrastructure is strained, like in Israel currently.

To verify the validity of a foreign-issued POA in Israel (or most other countries), you usually need:

1. A properly notarized document: Signed in front of a recognized notary.
2. An apostille certificate: If both your country and Israel are members of the Hague Apostille Convention.
3. Certified translation: If the POA is not written in Hebrew, Israeli authorities may require an official Hebrew translation by a licensed translator.
4. Proof of identity: Passport copies, personal verification data, or identity declarations are often needed.

Once these requirements are met, your attorney-in-fact can typically use the POA for real estate sales, banking, or court representation.

However, verifying validity gets complicated when:

• There’s no way to apostille the document due to government office closures.
• Embassies are non-operational, making consular legalization impossible.
• The POA is digitally notarized, and Israel has not explicitly approved the platform used.

In such cases, here’s how you can boost acceptance:

• Attach supporting affidavits from your lawyer or witnesses confirming the POA’s origin and intent.
• Include notarized identity verification documents.
• Provide a recorded video or statement of intent, especially if the principal cannot be reached.

Even though verification may still face scrutiny, especially in high-value or sensitive cases, clear and comprehensive documentation gives the POA a stronger chance of being honored.

It’s advisable to pre-clear your POA format with a legal representative in Israel before attempting to use it saving time and mitigating risk in the heat of a crisis.

Role of International Law Firms and Legal Agents

When you can’t physically be present in a country like Israel during wartime, international law firms and legal agents become your bridge to action. These professionals handle document processing, verify compliance, and liaise with local institutions on your behalf even under extreme conditions.

Here’s what they can help with:

• Drafting POAs that meet both local and international legal standards
• Pre-registering POAs with land authorities, banks, or courts
• Acting as the agent/attorney-in-fact themselves under your authorization
• Providing emergency legal representation if you’re unreachable
• Coordinating with consulates or embassies in third countries
• Validating remote notarization methods based on current Israeli legal interpretations

These law firms often maintain multinational teams, meaning they can guide you through complex cross-border legal landscapes, including translation, notarization, and document certification.

In wartime, they can also apply to courts for:

• Emergency mandates
• Temporary power transfers
• Relief from notarization requirements in documented cases of hardship

Engaging such a firm comes with legal fees, but the value of preserving legal continuity and protecting assets is immense. Especially if you own property, manage investments, or have family relying on decisions in Israel, their intervention may be the only way to move forward safely.

Partnering with a legal agent who understands local wartime protocols and emergency adjustments is no longer a luxury it’s a necessity.

Safe Alternatives and Risk Management

Sometimes, despite your best efforts, using a POA during wartime just isn’t feasible. So what are the alternatives?

Here are a few you should consider:

1. Digital Signatures and E-Sign Authorization

Some Israeli institutions (especially banks and tech firms) are increasingly open to digital documentation. While not universally accepted, DocuSign, Adobe Sign, or eSignatures with a digital certificate may serve as temporary proof of intent especially when paired with follow-up legal validation.

2. Affidavits and Sworn Declarations

In cases where a POA cannot be notarized, a sworn affidavit signed under penalty of perjury might be acceptable, particularly for personal statements, financial declarations, or court requests.

3. Using Third-Country Notaries or Embassies

If you’re abroad and your local Israeli embassy is closed, consider traveling to a nearby country with an open consulate. Many European and Mediterranean countries host fully operational Israeli embassies.

4. Creating a Provisional POA

This is a limited-time or conditional POA drafted to expire after a set period or task. It may be easier to get approved quickly during emergencies.

5. Dual POA Setup

You can assign two agents one abroad and one in Israel allowing flexibility if one becomes unreachable. Make sure the powers granted are clear to avoid conflicts or overlap.

6. Escrow Services with Legal Authority

Some law firms offer escrow or safekeeping services for signed POAs that are activated upon specific triggers (e.g., embassy closure, loss of contact, documented emergency).

Mitigating risk means thinking ahead. Don’t wait until the war shuts down your options. Keep multiple notarized copies, ensure your family or business partner knows your legal wishes, and register legal documents early whenever possible.

Conclusion

The Power of Attorney is more than a piece of paper it’s your voice, your hands, and your will in times of distance or crisis. But when war hits, and embassies shut their doors, the path to using that voice becomes tangled in red tape, broken logistics, and bureaucratic slowdowns.

In the case of Israel or any foreign country at war, the ability to legally authorize actions from abroad becomes not only complex but critically time-sensitive. Whether it’s selling property, accessing funds, or authorizing medical care, you need tools that still work even when the traditional legal system stalls.

By understanding your options remote notarization, pre-appointment of local representatives, using international law firms, or leveraging emergency legislation you can stay in control even when the world around you isn’t.

Preparation is everything. Start now, not when the borders close or the embassies shut down. Because when war strikes, legal preparedness is one of the few shields you have left. For more information about financing visit Nadlan Capital Group.

FAQs

1. Can I use a POA if embassies are closed in Israel?
Yes, but it requires remote notarization or local representation. A pre-existing POA may still be valid. Without an embassy, you’ll need to explore alternative notarization or legal routes through neighboring countries.

2. Is remote notarization legal for international POA use?
In many countries, yes. However, acceptance in Israel depends on the format, validation, and whether the document is apostilled or locally recognized.

3. What happens if my POA can’t reach FedEx or post offices?
Consider sending it through digital channels first, followed by delivery through embassies or international law firms when mail resumes. Scanned copies may be accepted temporarily with legal backing.

4. Can I use an attorney in Israel to handle my affairs from abroad?
Absolutely. A trusted lawyer in Israel can act on your behalf with a valid POA. In some cases, emergency court orders may grant them temporary authority if the POA is pending.

5. What’s the fastest way to validate a POA in a warzone?
Use digital notarization, confirm requirements with a local Israeli attorney, and send the document via secure channels (email + legal courier when available). Registering with land or court authorities in advance speeds things up.