LawFamily Law
Legal Capacity and Guardianship Law, 5722-1962
חוק הכשרות המשפטית והאפוטרופסות, תשכ"ב-1962
Published: 1962-08-17Consolidated Hebrew text as of 2026-01-19 · Last amended 2026-01-18✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Chapter II-A: Continuing Power of Attorney
Section A: Definitions
Definitions — Chapter II-A§
32a.
In this Chapter —
"person with capacity" means a person capable of understanding the meaning of granting a continuing power of attorney, its purposes and its consequences, and if he is a person with a disability — given adjustments under the Equal Rights for Persons with Disabilities Law;
"advance directives to the attorney" — as their meaning in Section F;
"expert opinion" means an opinion, certificate or expert confirmation prescribed by the Minister under section 83(b);
"Agency Law" means the Agency Law, 5725-1965;
"medical power of attorney" — as its meaning in section 32o;
"grantor" means a person who appoints an attorney under the provisions of Section B;
"capable of understanding the matter" means a person capable of understanding a particular matter and of making decisions in connection with it;
"personal affairs" — including matters relating to a person's personal welfare, his day-to-day needs, his place of residence, his health, or his physical, mental or social affairs, and excluding a matter relating to his property.
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Contact Us →Section B: Appointment of Attorney-in-Fact
Appointment of Attorney-in-Fact§
32b.
(a)A competent adult may, by a continuing power of attorney granted pursuant to the provisions of this Chapter (in this Chapter — continuing power of attorney), appoint another person, one or more, who shall be authorised to act on his behalf in the matters referred to in subsection (b) and to represent him in connection with those matters (in this Chapter — attorney-in-fact), all as the grantor shall specify in the continuing power of attorney and in accordance with the provisions under this Chapter.
(b)A continuing power of attorney may relate to the grantor's personal affairs, all or part of them, or to his property affairs, all or part of them, and the grantor may appoint the same person as attorney-in-fact for personal matters and as attorney-in-fact for property matters.
Who May Be Appointed Attorney-in-Fact§
32c.
(a)An individual in whom all of the following conditions are met may be appointed as attorney-in-fact:
(1)he has attained 18 years of age;
(2)no guardian has been appointed for him and no continuing power of attorney has entered into force in his respect, for so long as such appointment remains in force;
(3)with respect to an attorney-in-fact for property matters — at the time of signing the power of attorney and at the time of its entry into force, both of the following apply to him:
(a)he has not been declared bankrupt under the Bankruptcy Ordinance [New Version], 5740-1980, and has not been granted a discharge;
(b)he is not a severely restricted customer within the meaning of section 3 of the Cheques Without Cover Law, 5741-1981;
(4)he does not provide the grantor with medical treatment as defined in the Patient's Rights Law, social, nursing or rehabilitative care, in return for payment, directly or indirectly;
(5)he does not provide the grantor with accommodation in return for payment, directly or indirectly, unless he is a relative of the grantor;
(6)he is not the advocate or the professional before whom the continuing power of attorney was drawn up, pursuant to section 32n or 32o.
(b)A person shall not be an attorney-in-fact under this Chapter, nor shall he agree to be an attorney-in-fact, for more than three persons, unless he is a relative of the grantor.
Joint Attorneys-in-Fact§
32d.
Where a person has appointed under this Section two or more attorneys-in-fact to act jointly, the provisions of section 46(1) to (4) shall apply to the attorneys-in-fact, with the necessary modifications, unless the grantor has provided otherwise in the power of attorney; if the position of one of the attorneys-in-fact becomes vacant or he ceases to act, whether temporarily or permanently, the other attorneys-in-fact shall continue to act in accordance with the power of attorney and the provisions under this Chapter, for so long as the grantor has not provided otherwise in the power of attorney.
Substitute Attorney-in-Fact§
32e.
The grantor may stipulate in the power of attorney a substitute attorney-in-fact who shall take the place of the attorney-in-fact if his appointment lapses; if the appointment of the attorney-in-fact lapses, the substitute shall become the attorney-in-fact.
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Contact Us →Section C: Powers of Attorney-in-Fact
Powers of Attorney-in-Fact§
32f.
(a)An attorney-in-fact is authorised to make on behalf of the grantor any decision in connection with the matters covered by the power of attorney that the grantor would have been authorised to make, and to perform on behalf of the grantor any act in connection with those matters that the grantor would have been entitled to perform, except for an act that by its nature or by law must be performed personally, and he may also receive information that the grantor is entitled to receive in connection with the matters covered by the power of attorney, all subject to the provisions that the grantor has stipulated in the power of attorney and to the directions of the court as referred to in section 32aa.
(b)Without prejudice to the provisions of subsection (a), an attorney-in-fact shall not be authorised to perform the following acts on behalf of the grantor:
(1)conversion of religion;
(2)making decisions or performing acts that the grantor was authorised to do on behalf of another person or by virtue of being a parent or guardian;
(3)giving consent to the placement of a child for adoption;
(4)participation in elections;
(5)any act or expression of wish that a patient, his attorney-in-fact or his guardian are entitled or authorised to perform or express, pursuant to the Dying Patient Law, 5766-2005;
(6)drawing up a will, or designating beneficiaries in respect of amounts payable upon a person's death pursuant to section 147 of the Succession Law, 5725-1965.
(c)Notwithstanding the provisions of subsection (a), an attorney-in-fact shall not be authorised to perform on behalf of the grantor any of the acts listed below unless he has been expressly authorised to do so in the power of attorney:
(1)
(a)making donations, except to a person expressly designated in the power of attorney and in the amount designated therein, provided that the aggregate amount does not exceed NIS 100,000;
(b)giving gifts, except to a person expressly designated in the power of attorney and at a value set by the grantor, provided that the aggregate amount does not exceed NIS 100,000, all except for gifts that are customary in the circumstances of the matter;
(c)giving loans, except to a person expressly designated in the power of attorney and in the amount designated therein, provided that the aggregate amount does not exceed NIS 100,000;
(d)another legal act or several interrelated legal acts, including several acts connected with a single transaction, whose total value exceeds NIS 100,000 but does not exceed NIS 500,000;
(e)performing acts in a pension product, as defined in the Supervision of Financial Services (Pension Counselling, Marketing and Clearing System) Law, 5765-2005 (in this Law — pension product), except for —
(1)submitting a request to receive a pension upon reaching retirement age pursuant to section 3 of the Retirement Age Law, 5764-2004;
(2)withdrawal of funds from a training fund that is not contrary to the provisions under section 23 of the Supervision of Financial Services (Provident Funds) Law, 5765-2005;
(3)withdrawal of funds from a provident fund for compensation benefits designated by the Minister of Justice by Order, in consultation with the Minister of Finance, that is not contrary to the provisions under section 23 of the Supervision of Financial Services (Provident Funds) Law, 5765-2005;
(2)
(a)giving consent to a psychiatric examination, psychiatric treatment or hospitalisation, all in a hospital as defined in the Treatment of Mentally Ill Persons Law, 5751-1991, or to discharge from such hospitalisation, under conditions stipulated by the grantor;
(b)the consent of an attorney-in-fact pursuant to this paragraph shall not be valid if, at the time the consent was requested, the grantor objects to the examination, treatment or hospitalisation, unless the continuing power of attorney in this regard was also signed before a psychiatrist and the grantor expressly authorised the attorney-in-fact to give consent notwithstanding his objection;
(c)a continuing power of attorney pursuant to sub-paragraph (b) shall not be signed except after a psychiatrist as aforesaid has explained to the grantor the meaning of such consent and its consequences and has satisfied himself that the grantor understood the matters and that the power of attorney was granted with free and voluntary consent, without pressure or undue influence being exerted on the grantor and without exploitation of his distress or weakness;
(d)the consent of the attorney-in-fact in the case of an objection as referred to in sub-paragraph (b) shall not be valid for hospitalisation exceeding 48 hours or if at that time the grantor is capable of giving informed consent.
(d)Notwithstanding the provisions of subsection (a), an attorney-in-fact shall not be authorised to perform on behalf of the grantor any of the legal acts listed below without prior approval having been given pursuant to the provisions of section 74a:
(1)transfer, charge (security interest), division or liquidation of an agricultural, industrial, craft or commercial unit, or of an apartment;
(2)a transaction in real property, except for the letting of an asset for a period not exceeding five years to which the Tenant Protection Law [Consolidated Version], 5732-1972, does not apply;
(3)assignment or charge (security interest) of a right to acquire a right in real property;
(4)a letting to which the Tenant Protection Law [Consolidated Version], 5732-1972, applies;
(5)renunciation of a share or portion in an estate, or transfer or charge (security interest) of a share or portion in an estate;
(6)making a donation in an amount exceeding the amount stipulated in the power of attorney or in an amount exceeding NIS 100,000 in the aggregate, whichever is lower, all provided that the grantor's express authorisation has been given;
(7)giving a gift that is not customary in the circumstances of the matter; and if express authorisation has been given — a gift as aforesaid in an amount exceeding the amount stipulated in the power of attorney or in an amount exceeding NIS 100,000 in the aggregate, whichever is lower;
(8)another legal act, including several acts connected with a single transaction, whose value exceeds NIS 500,000, or NIS 100,000 — if express authorisation as referred to in subsection (c) has not been given;
(9)withdrawal of funds from a provident fund contrary to the provisions under section 23 of the Supervision of Financial Services (Provident Funds) Law, 5765-2005, as within the meaning of section 87(a)?(2) of the Income Tax Ordinance, their transfer to another, their charge (security interest) or their attachment pursuant to section 25 of that Law;
(10)giving a guarantee or giving a loan; and if express authorisation to give a loan has been given — in an amount exceeding the amount stipulated in the power of attorney or in an amount exceeding NIS 100,000, whichever is lower;
(11)an undertaking to perform any of the acts listed in paragraphs (1) to (10).
(d1)The Minister, with the approval of the Constitution, Law and Justice Committee of the Knesset, may prescribe categories of assets of the grantor, categories of acts in respect of assets of the grantor or other circumstances, in relation to which the attorney-in-fact shall be authorised to perform on behalf of the grantor a legal act from among the acts listed in subsection (d), without such act requiring approval pursuant to the provisions of the said subsection.
(e)
(1)Without prejudice to the provisions of subsection (a), the powers vested in a guardian pursuant to the list of enactments set out in the Second Schedule shall also be vested in an attorney-in-fact, with the necessary modifications and subject to the conditions to be prescribed in that Schedule, provided that the same power is included in the matters entrusted to the attorney-in-fact in the continuing power of attorney, and subject to the provisions stipulated in the continuing power of attorney;
(2)The Minister, after consultation with the Minister responsible for the implementation of an enactment and with the approval of the Constitution, Law and Justice Committee of the Knesset, may amend, by Order, the Second Schedule.
(e1)Without prejudice to the provisions of subsection (a), the provisions of section 47a with respect to a guardian shall also apply to an attorney-in-fact.
(f)Notwithstanding the provisions of sections 5 and 16 of the Agency Law, an attorney-in-fact shall be authorised to appoint an agent for the purpose of representing the grantor in legal proceedings, and with regard to property matters — he shall be authorised to appoint an agent to exercise powers from among the powers conferred upon him in the power of attorney, all subject to the provisions stipulated by the grantor in the power of attorney and to the directions of the court as referred to in sections 32aa and 32ab; however, an attorney-in-fact shall not be authorised to appoint another attorney-in-fact pursuant to the provisions of this Chapter.
(g)The provisions of section 48 shall apply, with the necessary modifications, with respect to a legal act between the grantor and the attorney-in-fact, his spouse or his relatives, and with respect to a legal act between two grantors who have appointed the same attorney-in-fact; however —
(1)if both grantors have expressly authorised the attorney-in-fact in the power of attorney to represent them in a legal act between them, the attorney-in-fact is authorised to represent them even without approval as referred to in that section;
(2)the attorney-in-fact is authorised to represent the grantor in respect of an act between them, without approval as referred to in that section, if the attorney-in-fact is a relative of the grantor and maintains a joint household with him and the grantor has expressly authorised him with respect to an act connected with the day-to-day management of the joint household.
Duties of Attorney-in-Fact§
32g.
(a)An attorney-in-fact is obliged to act with diligence, skill, dedication and without negligence, and to act in good faith for the protection of the grantor's affairs and not for his own benefit.
(b)Without prejudice to the provisions of section 32i, a professional who has been appointed as attorney-in-fact in order to exercise his professional skills shall act with dedication and professionalism as a professional would exercise towards his client.
(c)The provisions of section 57 shall apply, with the necessary modifications, with respect to an attorney-in-fact.
Manner of Action of Attorney-in-Fact§
32h.
(a)In the discharge of his duties and the exercise of his powers, an attorney-in-fact shall act in accordance with the following principles:
(1)preserving the dignity of the grantor, in a manner that restricts his rights and liberty to the least possible degree;
(2)preserving, as far as possible, the privacy of the grantor;
(3)in a manner that enables the grantor to realise his capabilities and to maintain the greatest possible degree of independence, in accordance with his capabilities.
(b)Upon the entry into force of the power of attorney, the attorney-in-fact shall explain to the grantor what his duties and powers are as attorney-in-fact, in plain language and in accordance with the grantor's capacity for understanding, and if the grantor is a person with a disability — by using assistive aids available to him or by any other reasonably practicable means in the circumstances of the matter.
(c)The attorney-in-fact shall provide the grantor with information in his possession regarding the grantor's personal and property affairs and information concerning the attorney-in-fact's handling of the grantor's affairs, in language that is comprehensible to him and in accordance with his capacity for understanding, and shall assist him in accessing other information pertaining to his affairs or required for the purpose of making decisions on matters that concern him.
(d)The attorney-in-fact shall assist and encourage the grantor to make decisions himself on matters that concern him, to the extent that the grantor is capable of doing so.
(e)The attorney-in-fact shall act in a manner that enables the grantor to maintain his cultural and religious values and shall also assist him in participating in community life, including in social, cultural, rehabilitative and employment activities.
(f)The attorney-in-fact shall act in a manner that enables the grantor to maintain relationships with family members and friends.
(g)The attorney-in-fact shall consult, as necessary, with professional bodies, family members and close friends of the grantor and shall make use of their assistance for the purpose of advancing the grantor's affairs.
(h)An attorney-in-fact, including an attorney-in-fact appointed for a person whose condition and capacity for understanding change from time to time or from matter to matter, shall act in the discharge of his duties with consideration for changes in the grantor's condition or understanding, including with respect to hearing his opinion, consulting with him, taking his wishes into account and encouraging him to make decisions and to manage the affairs that concern him himself at such times or in such matters in which he is capable of doing so.
Manner of Decision-Making in Matters Concerning the Grantor§
32i.
(a)The attorney-in-fact shall hear the grantor's opinion, shall involve him in every matter and decision that concerns him, and shall consult with him, if it is possible to ascertain his opinion; for this purpose the attorney-in-fact shall provide the grantor with the information required by him, including the nature of the matter that is the subject of the decision or act, the possible alternatives, the advantages and disadvantages of choosing each of them and the recommendation of the attorney-in-fact, if any, and the reasons underlying it; for the purposes of this section, "it is possible to ascertain his opinion" and "capable of understanding the matter" — including after he has been given information in the manner referred to in subsection (g).
(b)In making decisions on matters within his authority, an attorney-in-fact shall act as follows:
(1)if the grantor has given advance directives in the same matter — in accordance with the advance directives, subject to the provisions of Section F;
(2)if the grantor has not given advance directives — in accordance with the grantor's wish, if it is possible to ascertain his opinion and after he has been given information as referred to in subsection (a);
(3)if it is not possible to ascertain the grantor's opinion — in accordance with the grantor's wish as expressed at the time when he was capable of understanding the matter or as may be inferred from the power of attorney or from his past conduct, and also with consideration for the grantor's world view and way of life as they were in the past;
(4)if it is not possible to establish the grantor's wish — the attorney-in-fact shall act in accordance with the grantor's best interests and by taking the courses of action set out in section 32h.
(c)Notwithstanding the provisions of this section, the attorney-in-fact shall not act in accordance with the wish of a grantor who has not given advance directives if he considers that the act or decision will cause substantial harm to the grantor; where a person has given advance directives, the provisions of Section F shall apply.
(d)A grantor may stipulate expressly in the power of attorney, with respect to a particular matter or with respect to all the matters covered by the power of attorney, that he requests that the attorney-in-fact give precedence to his prior wish as expressed in advance directives or in another manner stipulated by the grantor (in this subsection — prior wish) over his wish after he has ceased to be capable of understanding the matter; where the grantor has stipulated such a provision, the attorney-in-fact shall act, in the matters included in the provision, in accordance with the grantor's prior wish, after having himself endeavoured, or endeavoured through family members and other persons, to reach agreement with him regarding the decision or act prior to the advance directive in question.
(e)Notwithstanding the provisions of subsection (d) —
(1)in a material personal matter, the attorney-in-fact shall not act contrary to the grantor's wish if he objects thereto at the time of the act or shortly thereafter;
(2)in a material medical matter, the attorney-in-fact shall not act contrary to the grantor's wish if he objects thereto at the time of the act or shortly thereafter.
(f)The attorney-in-fact may apply to the court for directions in accordance with the provisions of section 32aa, in the circumstances referred to in subsections (c) to (e).
(g)Information and explanations that an attorney-in-fact must provide to the grantor pursuant to this section and pursuant to section 32h shall be provided to the grantor in plain language in accordance with his capacity for understanding, and if he is a person with a disability — by using assistive aids available to him or by any other reasonably practicable means in the circumstances of the matter; nothing in the provisions of this subsection shall derogate from provisions concerning accessibility adjustments pursuant to the Equal Rights for Persons with Disabilities Law, required of a person providing a public service within the meaning of that Law.
Condition for Acting under Power of Attorney§
32j.
Where the grantor is a person who is incapable of understanding a matter in respect of which a power of attorney has been granted, an attorney-in-fact may act pursuant thereto only if the power of attorney is a continuing power of attorney and a deposit approval from the General Guardian pursuant to section 32q and an approval of receipt of notice of its entry into force pursuant to section 32s have been given in respect thereof, and subject to the provisions of this Law.
Protection of Third Party§
32k.
(a)The provisions of section 6(b) of the Agency Law shall apply to an act performed without the grantor's authorisation or in excess of the continuing power of attorney vis-à-vis a third party; the court may ratify the act retroactively if the grantor has consented thereto.
(b)Notwithstanding the provisions of subsection (a), where there is a defect in the appointment of an attorney-in-fact, an act of an attorney-in-fact pursuant to a continuing power of attorney shall be valid, provided that it was performed vis-à-vis a person who acted in good faith and for consideration and that a deposit approval from the General Guardian pursuant to section 32q and an approval of receipt of notice of its entry into force pursuant to section 32s have been given in respect of the power of attorney.
Remuneration and Expenses of Attorney-in-Fact§
32l.
(a)An attorney-in-fact shall be entitled to receive remuneration for the performance of his duties from the grantor's assets, if the grantor has so stipulated in the power of attorney, in the amount of remuneration stipulated in the power of attorney.
(b)An attorney-in-fact may deduct from the grantor's assets the reasonable expenses he has incurred in exercising his powers pursuant to the power of attorney.
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