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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The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
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Section D: Continuing Power of Attorney
Manner of Executing a Continuing Power of Attorney§
32m.
(a)A continuing power of attorney shall be given in writing in accordance with a form to be prescribed in Regulations.
(b)In a continuing power of attorney the appointer shall specify the matters in respect of which the attorney is authorised to act on his behalf, and if the attorney is authorised to perform on his behalf an act from among the acts listed in section 32f(c) — shall also specify those acts; the appointer may likewise include in the power of attorney advance directives and provisions concerning the commencement and the lapse of the power of attorney.
(c)In a continuing power of attorney for personal matters the appointer shall state explicitly whether the attorney is authorised to act on his behalf in health matters, and if so — in which matters, and the appointer may appoint an attorney who shall be authorised to act on his behalf only in matters relating to his health as set out in section 32o; where a person has appointed an attorney for all his personal matters and has not explicitly excluded health matters therefrom, the continuing power of attorney shall apply to those matters as well.
(d)An explanation and information as referred to in sections 32n(c) and 32o(c) shall be given to the appointer without the presence of the attorney, in plain language intelligible to him, and if he is a person with a disability — with the provision of accessibility adjustments where required under the Equal Rights for Persons with Disabilities Law.
(e)The appointer shall confirm by his signature on the power of attorney that he understands the meaning of granting the power of attorney, its purposes and consequences, and that the power of attorney is given by free and voluntary consent, without pressure or undue influence having been applied to him and without exploitation of his distress or weakness.
(f)The appointer may attach to a continuing power of attorney an expert opinion attesting that he has legal capacity at the time of executing the power of attorney.
(g)In a continuing power of attorney the appointer may designate one or more persons whom the attorney shall be required to notify of his intention to inform the General Guardian of the commencement of the power of attorney; the appointer may designate an additional person whom the attorney shall notify if it is not possible to deliver the notice to the person chosen.
(h)In a continuing power of attorney the appointer shall designate a party to whom the attorney shall report on decisions and acts as referred to in section 32p.
(i)Notwithstanding any law, a power of attorney executed under this Law does not require any other authorisation.
(j)Regulations under this section and sections 32n and 32o, other than Regulations on the subject of training under section 32n(a), require the approval of the Constitution, Law and Justice Committee of the Knesset.
Signing a Continuing Power of Attorney§
32n.
(a)A continuing power of attorney shall be signed by the appointer before a lawyer who has undergone training with respect to the execution of a continuing power of attorney, as shall be prescribed in Regulations, and who has no personal interest in the power of attorney.
(b)Where a doubt arises with the lawyer as to whether a person has legal capacity, including by reason of a disability that bears on his ability to understand the nature of the power of attorney, its meaning, purposes and consequences, the lawyer shall refer that person to an expert, as the Minister shall prescribe for this purpose with the consent of the Minister of Health and the Minister of Welfare and Social Services, in order that the expert may give an opinion as to whether the appointer has legal capacity.
(c)The lawyer before whom the power of attorney is signed shall bring to the knowledge of the appointer and shall explain to him in plain language intelligible to him the following particulars:
(1)the legal meanings of a continuing power of attorney;
(2)the alternatives available under law to a continuing power of attorney, including guardianship and the giving of advance directives for the purpose of appointing a guardian as referred to in section 35a;
(3)matters that may be included in a continuing power of attorney, including provisions concerning the time of its commencement, advance directives, restriction to categories of matters, and provisions regarding notification;
(4)situations in which explicit authorisation is not required, matters in which explicit authorisation is required under this Law as referred to in section 32f(c), and matters in which approval is required as referred to in section 32f(d);
(5)the options available to him to request that an additional person be notified upon the commencement of the power of attorney and to choose to whom and in what manner the attorney shall report on his acts to another person or to the General Guardian, as referred to in section 32p;
(6)the possibility of revoking the power of attorney or of stipulating that it shall remain in force even if he requests to revoke it when he no longer has legal capacity, as referred to in section 32w.
(d)Attached to a continuing power of attorney shall be the consent of the attorney to serve as attorney, signed before a lawyer after the lawyer has explained to him the meaning of the power of attorney, and his confirmation that he has read and understood its meaning, his responsibilities and his powers thereunder and that he meets the eligibility conditions to serve as attorney under this Chapter.
(e)The lawyer before whom the power of attorney is signed shall confirm on the form that the appointer signed before him the power of attorney on the date stated therein after he had brought to his knowledge the particulars set out in subsection (c), and that he was satisfied that the appointer understands the meaning of granting the power of attorney, its purposes and consequences, and formed the impression, having applied his mind thereto, that the power of attorney is given by free and voluntary consent without pressure or undue influence having been applied to the appointer and without exploitation of his distress or weakness.
Medical Power of Attorney§
32o.
(a)A continuing power of attorney authorising the attorney to act on behalf of the appointer only in matters relating to his health (in this Law — a medical power of attorney) may be signed before a professional or a lawyer on a form to be prescribed by the Minister with the consent of the Minister of Health; for the purposes of this section, "professional" means any of the following:
(1)a licensed physician as defined in section 2 of the Physicians Ordinance [New Version], 5737-1976;
(2)a social worker as defined in section 2 of the Social Workers Law, 5756-1996;
(3)a psychologist registered in the register of psychologists under the Psychologists Law, 5737-1977;
(4)a qualified nurse.
(b)A medical power of attorney also authorises the attorney in matters relating to examination or psychiatric treatment in the community as well as to receiving information relating to examination, treatment or hospitalisation in a psychiatric hospital under the Treatment of Persons with Mental Illness Law, 5751-1991, all unless the appointer has stipulated otherwise.
(c)The professional before whom a medical power of attorney is signed shall confirm that he formed the impression that the appointer understood the meaning of granting a power of attorney and the possibility of including advance directives therein and formed the impression that the power of attorney is given by free and voluntary consent.
(d)Attached to a medical power of attorney shall be the consent of the attorney, signed before a professional or a lawyer who confirms that the attorney has read and understood its meaning, his responsibilities and his powers thereunder.
Reporting to a Notified Person or to the General Guardian on Decisions and Acts of the Attorney§
32p.
(a)The appointer shall designate in the continuing power of attorney one or more persons to whom the attorney shall be required to report on decisions or acts in the matters specified in the power of attorney (in this Chapter — a notified person), at the times and in the manner prescribed by the appointer, unless the appointer has explicitly stipulated otherwise, and the appointer may stipulate that the attorney shall report on his acts to the General Guardian.
(b)A notified person shall not be a relative of the attorney, unless the attorney is a relative of the appointer.
(c)The appointer may stipulate that a copy of the power of attorney shall be transmitted to a notified person.
(d)A notified person may require the attorney to provide information on decisions taken and acts performed in the matters specified in the power of attorney; the Minister may prescribe in the form categories of decisions or acts that shall be brought to the knowledge of a notified person unless otherwise stipulated in the power of attorney.
(e)Where the appointer has stated in the continuing power of attorney that the attorney shall report on his acts to the General Guardian, the appointer shall notify the General Guardian thereof upon depositing the power of attorney, and from the date of commencement of the power of attorney the provisions of sections 51 and 53 shall apply to the attorney, with the necessary modifications.
Depositing a Continuing Power of Attorney§
32q.
(a)A continuing power of attorney shall be deposited with the General Guardian; the deposit shall be effected by delivering an original copy of the power of attorney by the appointer himself or by the lawyer before whom it was signed; deposit of the power of attorney is a condition precedent to its commencement.
(b)A medical power of attorney that has not been deposited with the General Guardian as referred to in subsection (a) shall be valid for one year; if the power of attorney commences during that year, it shall continue to remain in force, subject to the provisions of this Law.
(c)Where several continuing powers of attorney have been deposited in respect of the same matters, the latest power of attorney in respect of that matter is the determinative one.
(d)The General Guardian or a person authorised by him for that purpose shall confirm in writing, on the copy of the continuing power of attorney delivered to him, that the power of attorney has been deposited as referred to in subsection (a); such a confirmation shall be prima facie evidence that the person named in the power of attorney as appointer gave the power of attorney and that the power of attorney was given no later than the date of deposit.
(e)The Minister may prescribe provisions concerning the deposit of a continuing power of attorney under this section and its preservation, and may also prescribe fees in respect of the deposit of a continuing power of attorney or in respect of obtaining information about it or a copy thereof.
Obtaining Information on the Deposit of a Continuing Power of Attorney§
32r.
(a)The following are entitled to obtain information on the deposit of a continuing power of attorney and a copy thereof —
(1)the appointer;
(2)the attorney;
(3)the Attorney General or his representative, as well as a social worker for procedural purposes appointed under the Welfare (Procedure in Matters of Minors, Persons with Mental Illness and Missing Persons) Law, 5715-1955, for the purpose of performing their functions under this Law.
(b)From the date of commencement of a continuing power of attorney, relatives of the appointer and a notified person are entitled to obtain information on the deposit of the power of attorney, on the identity of the attorney and of a notified person and on the categories of matters in respect of which the power of attorney was given, unless the appointer has restricted their entitlement as aforesaid in the continuing power of attorney and has so notified the General Guardian at the time of depositing the continuing power of attorney.
(c)The Minister, with the approval of the Constitution, Law and Justice Committee of the Knesset, may prescribe office holders and bodies in addition to those listed in subsection (a)(3) who shall be entitled to obtain information on the deposit of a continuing power of attorney or a copy thereof.
(d)The Minister may prescribe conditions and circumstances under which a third party is entitled to obtain, after the commencement of a continuing power of attorney, a confirmation from the General Guardian that a continuing power of attorney presented before him has been deposited with the General Guardian and that the General Guardian has received a declaration of its commencement.
Commencement of a Continuing Power of Attorney§
32s.
(a)
(1)A continuing power of attorney shall commence at the time when the appointer has ceased to be capable of understanding a matter in respect of which the continuing power of attorney was given, including of making decisions in connection therewith, provided that the attorney has delivered to the General Guardian a declaration that the conditions for the commencement of the power of attorney, in whole or in part, have been fulfilled and that the notification obligations have been complied with; where an expert opinion is a condition for the commencement of the power of attorney, the opinion shall be attached to the declaration;
(2)Where the General Guardian has received a declaration as referred to in paragraph (1), he shall deliver to the attorney a confirmation that the power of attorney has commenced, and shall send notice thereof to the appointer and to the notified person.
(b)Notwithstanding subsection (a), in a continuing power of attorney for property matters the appointer may stipulate that the power of attorney shall commence immediately after it is given or at a later date, even if at that date the appointer is still capable of understanding the matter; however, until the date on which the appointer ceases to be capable of understanding the matter, the continuing power of attorney shall have the same effect as a power of attorney given under the Agency Law.
(c)The appointer may stipulate in a continuing power of attorney the manner in which it shall be determined that he is incapable of understanding a matter, whether by means of an expert opinion or in another manner, provided that it shall not be stipulated that the power of attorney shall commence pursuant to a decision of the attorney alone, and the appointer may prescribe different tests for each matter; where the appointer has not so stipulated, he shall be deemed incapable of understanding a matter if it is determined in an expert opinion delivered to the attorney that the appointer is incapable of understanding the matter; the attorney shall be authorised to give consent on behalf of the appointer to the performance of the examination required for the purpose of preparing the said opinion.
(d)The attorney shall notify the appointer and the persons designated by the appointer in the power of attorney of the fulfilment of the conditions for the commencement of the power of attorney, before notifying the General Guardian of its commencement, and if the appointer has been residing with a relative or in a residence on a permanent basis — the attorney shall notify the relative or the manager of the residence in which the appointer resides, as the case may be.
Non-deprivation of the Appointer's Legal Capacity§
32t.
The commencement of a continuing power of attorney does not, in and of itself, deprive a person of his legal capacity.
Period of Validity of a Continuing Power of Attorney§
32u.
(a)The appointer may stipulate in a continuing power of attorney provisions concerning the lapse of the power of attorney, including the date of its lapse; where the appointer has not so stipulated and the power of attorney has commenced as referred to in section 32s, the power of attorney shall remain in force until its lapse or revocation in accordance with the provisions of sections 32v, 32w or 32ac.
(b)Once every three years from the date of deposit of the continuing power of attorney, and for as long as it has not commenced under section 32s, the General Guardian shall send the appointer a notice thereof in order to verify that the appointer wishes the power of attorney to continue to remain in force and to inform him of his right to revoke or amend it.
(c)Where the appointer has not given notice of his wish to revoke or amend the power of attorney, the power of attorney shall continue to remain in force.
Lapse of a Continuing Power of Attorney§
32v.
A continuing power of attorney shall lapse upon the occurrence of any of the following, and notice thereof shall be delivered to the General Guardian by the attorney or on his behalf, and if the power of attorney has not yet commenced — by the appointer:
(1)a condition that the appointer stipulated in the continuing power of attorney as entailing the lapse of the power of attorney;
(2)the death of the appointer or of the attorney;
(3)the attorney no longer fulfils the conditions set out in section 32c;
(4)the attorney was appointed by reason of being a professional in order to exercise his professional skills and his licence has been revoked;
(5)the attorney has given written notice to the appointer that he does not wish to serve as attorney; where the appointer did not have legal capacity or was incapable of understanding the matter at that time, the attorney shall also give notice thereof to the spouse of the appointer or to another relative;
(6)the attorney was the spouse of the appointer and the marriage was dissolved after the giving of the continuing power of attorney, unless explicitly stated otherwise in the power of attorney;
(7)the attorney was the common-law spouse of the appointer and ceased to maintain a joint household with him with the intention of permanently dissolving family life; such an attorney shall cease to act under the power of attorney and shall give notice thereof to the appointer; the power of attorney shall lapse under this paragraph from the date of delivery of the notice to the General Guardian or to the appointer, whichever is the later.
Revocation of a Continuing Power of Attorney by the Appointer§
32w.
(a)An appointer may deliver to the attorney written notice of the revocation of a continuing power of attorney given by him; the revocation of the continuing power of attorney shall take effect at the time of delivery of the notice as aforesaid.
(b)The appointer shall deliver to the General Guardian written notice of the revocation of the power of attorney; however, failure to deliver the notice to the General Guardian shall not prejudice the validity of the revocation if the attorney received notice thereof in accordance with the provisions of subsection (a).
(c)Notwithstanding subsection (a), where the appointer has retracted his notice of revocation and expressed his wish for the attorney to continue in his role, the attorney or the appointer may apply to the court with a request to renew the power of attorney; where the court grants the request, it shall determine the date of renewal of the power of attorney.
(d)An appointer may explicitly stipulate in a continuing power of attorney that it shall remain in force even if he gives notice of his wish to revoke it when he no longer has legal capacity; where an appointer has so stipulated but has requested to revoke the continuing power of attorney after he has ceased to be capable of understanding the matter, the power of attorney shall continue to remain in force, however the appointer or the attorney may apply to the court with a request to revoke it; where the court finds that circumstances exist justifying revocation of the power of attorney, it shall revoke it and the provisions of section 32ac(e) and (f) shall apply.
Termination of the Attorney's Role§
32x.
(a)Upon revocation or lapse of the power of attorney, the attorney is required — and upon his death, his heirs are required — to deliver to the appointer or to whomever the court has designated the appointer's assets held by him, and the documents relating to those assets.
(b)In the event of the death of the appointer, the attorney for property matters shall be authorised, unless the appointer has stipulated otherwise, and for as long as there is no other party duly authorised to deal with those matters and for a period not exceeding 90 days, even without applying to the court, to take the following acts:
(1)to pay from the appointer's funds ongoing payments for services rendered to him or connected with his property during the period of validity of the power of attorney;
(2)to pay from the appointer's funds reasonable funeral and mourning expenses; such expenses shall be paid in accordance with what is customary in the circumstances of the matter or in accordance with instructions given in that regard by the appointer;
(3)to manage a leased property or a business requiring ongoing management.
(c)Where a need arises to perform acts beyond those referred to in subsection (b) for the purpose of safeguarding the interests of the appointer or his property, and in special circumstances for the purpose of preventing harm to his estate, the court may direct that the attorney for property matters shall be required and authorised to perform them, all in accordance with provisions and for a period to be determined by the court.
Application of the Agency Law§
32y.
The provisions of the Agency Law shall apply, with the necessary modifications, to a continuing power of attorney, insofar as there is no other provision under this Chapter.
Effect of Agency under a Continuing Power of Attorney§
32z.
Notwithstanding the provisions of the Agency Law and the provisions of any law, agency under a continuing power of attorney shall not terminate solely because the appointer has ceased to have legal capacity.
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