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
Premium
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
This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.
Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
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.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Section E: Court Powers in Connection with a Continuing Power of Attorney
Giving Directions and Approving Acts§
32aa.
(a)The court may, on its own initiative or upon the application of any of those listed in subsection (b), give directions on any matter concerning the exercise of the powers of an attorney, and the court may likewise, upon the application of an attorney, approve an act performed by him in such a matter, provided that the appointer has not given the attorney advance directives in those matters; where the appointer has given the attorney advance directives in a matter from among those matters, the provisions of section 32ae(f) shall apply.
(b)An application for directions under subsection (a) may be submitted by the appointer, a relative or a close friend of the appointer, an attorney, or the Attorney General or his representative.
(c)The court shall give directions as referred to in this section in accordance with the provisions of section 32i.
Restriction of Matters and Appointment of an Additional Guardian over an Attorney-in-Fact§
32ab.
(a)The court may restrict the matters in the power of attorney in respect of which an attorney-in-fact is authorised to act, or may impose conditions on his actions, as a condition for the continuation of his activity, if it found that in the absence of such restrictions and conditions substantial harm will be caused to the donor, or if it is satisfied that the attorney-in-fact is not acting in accordance with the provisions of section 32i and that this is justified in the circumstances of the matter; if the court restricted the matters in respect of which the attorney-in-fact is authorised to act, it may appoint the substitute attorney-in-fact designated by the donor; if the donor did not designate as aforesaid, the court may appoint a guardian for the donor in respect of the other matters in the power of attorney in accordance with its authority under section 68.
(b)The court may appoint an additional guardian for a person over an attorney-in-fact where the conditions of section 33a are met, in respect of matters included in the power of attorney, if it found that in the absence of such an appointment substantial harm will be caused to the donor; if the court appointed an additional guardian over the attorney-in-fact pursuant to this subsection, the provisions of section 46 shall apply in respect of the actions of the attorney-in-fact and the guardian in those matters.
(c)
(1)Where a person who is a guardian of a relative, including a de facto guardian as defined in section 67, has specified in his will that was duly probated the name of the person he requests to be appointed as guardian for the relative in respect of property that he is bequeathing, the court shall appoint the person whose name was specified in the will as guardian in respect of that property, provided that it found that the conditions for appointing a guardian under sections 33 and 33a were met, and shall direct that person to act in accordance with the directives set out in the will, if any were set out, all unless the court found that for the purpose of protecting the rights and interests of the person it is necessary to depart from the provisions of the will;
(2)If the court appointed a guardian as referred to in paragraph (1) in addition to the attorney-in-fact, the guardian and the attorney-in-fact shall act, to the extent possible, in cooperation, and if the court determined that the guardianship in respect of the said property shall apply jointly with the attorney-in-fact — the provisions of section 46 shall apply;
(3)Nothing in the provisions of this subsection shall derogate from the provisions of the Succession Law, 5725-1965.
Revocation of a Continuing Power of Attorney by the Court§
32ac.
(a)The court may revoke a continuing power of attorney or an appointment thereunder, where one of the following applies:
(1)The attorney-in-fact is not properly exercising the powers under the power of attorney and as a result substantial harm is being caused to the donor, or the attorney-in-fact is not acting in accordance with the donor's wishes as referred to in section 32i;
(2)The power of attorney was given as a result of fraud, exploitation, or the application of pressure or undue influence on the donor, or it was given at a time when the donor did not have capacity;
(3)The court found that for the purpose of protecting the donor's affairs the power of attorney is insufficient and a guardian must be appointed for the donor to attend to his affairs, in whole or in part.
(b)An application to revoke a continuing power of attorney by the court under this section, as well as an application to restrict a continuing power of attorney or to appoint an additional guardian over an attorney-in-fact under section 32ab, may be submitted by the Attorney General or his representative, the donor, a relative or a close friend of the donor, and the court may revoke a continuing power of attorney under this section also on its own initiative.
(c)The court shall not revoke a continuing power of attorney unless it found that it is not possible to achieve the result for which the revocation is intended by way of restricting the power of attorney, imposing conditions thereon, appointing an additional guardian over the attorney-in-fact subject to the provisions of section 33a, or by any other means within its authority that less restrictively interferes with the power of attorney.
(d)If several attorneys-in-fact were appointed in one power of attorney, the court may revoke the appointment under the power of attorney with respect to all or some of them.
(e)Where the conditions for revoking a continuing power of attorney or an appointment thereunder under this section are met, the court may appoint a guardian for the donor where the conditions listed in section 33a are met and in accordance with the provisions of Chapter IV; if the court revoked a power of attorney under subsection (a)(3), it shall give priority to the appointment of the attorney-in-fact as guardian, to the extent that such person is suitable for that purpose.
(f)If the donor gave advance directives to the attorney-in-fact in a continuing power of attorney that was revoked, and the court appointed a guardian in those matters, the court shall prescribe what is stated in the advance directives as directives for the actions of the guardian it appointed, unless it found that in order to prevent substantial harm to the donor it is required to depart therefrom.
Hearing the Donor§
32ad.
Before the court decides on the restriction of the matters or the imposition of conditions in respect of which an attorney-in-fact is authorised to act, or on the appointment of an additional guardian over an attorney-in-fact, under section 32ab, or on the revocation of a power of attorney and the appointment of a guardian in place of the attorney-in-fact, under section 32ac, the court shall hear the donor, unless it determined, for reasons that shall be recorded, that it is not possible to ascertain the donor's view on the matter.
Need to cite this law in a foreign court?
Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.
Contact Us →Section F: Advance Directives to an Attorney-in-Fact
Giving Advance Directives to an Attorney-in-Fact§
32ae.
(a)A donor may give advance directives to the attorney-in-fact in a continuing power of attorney, in which the donor shall detail his wishes regarding future decisions to be made in his name or actions to be taken in his name by the attorney-in-fact in matters included in the power of attorney.
(b)If a need arises to make a decision or carry out an action in the donor's name in connection with which the donor gave an advance directive, the attorney-in-fact shall act in accordance with the advance directive; an advance directive that is open to interpretation shall be interpreted according to the donor's intention as it may be inferred from the advance directive and from the circumstances of the matter; if an advance directive is impossible to fulfil but can be fulfilled with modifications that do not alter its essence (in this section — approximate fulfilment), the attorney-in-fact may fulfil it approximately.
(c)Notwithstanding the provisions of subsection (b), the attorney-in-fact shall be exempt from acting in accordance with an advance directive where one of the following applies:
(1)Making the decision or carrying out the action is impossible even by approximate fulfilment, or entails a financial expenditure that the donor is unable to make, having regard to the extent of the donor's property and to his personal needs in the present and those anticipated in the future;
(2)Making the decision or carrying out the action is unlawful or is likely to cause serious harm to the donor.
(d)Notwithstanding the provisions of subsection (b), the attorney-in-fact shall not act in accordance with an advance directive —
(1)If at that time the donor is capable of understanding the matter in respect of which the advance directive was given and the significance of the decision or action, and expresses a wish to depart from the directive;
(2)In a substantial personal matter or a substantial medical matter, if the donor objects at the time of the act to the fulfilment of the directive, even after the attorney-in-fact attempted to reach agreement with the donor.
(e)If the attorney-in-fact is authorised to act in a particular matter in respect of which an advance directive was given, and the conditions of subsection (c) or (d) that exempt the attorney-in-fact from acting in accordance with the advance directive are met, the attorney-in-fact shall act in that matter in accordance with the provisions of section 32i as if no advance directive had been given on that subject.
(f)An attorney-in-fact may apply to the court for directions in connection with an advance directive that is difficult to implement, or for authorisation to act contrary to an advance directive to which the donor objects to the implementation thereof, in order for the court to determine whether the provisions of subsection (c) or (d) have been met in respect thereof.
Validity of Advance Directives§
32af.
Advance directives shall remain valid for as long as they have not been revoked by the person who gave them in accordance with the provisions of section 32w, mutatis mutandis, unless the court determined that in light of the circumstances referred to in section 32ae there is no basis for acting in accordance therewith.
Non-Application§
32ag.
The provisions of this Section shall not apply to the giving of advance directives to an attorney-in-fact in connection with medical treatment of a terminally ill patient, as defined in the Terminally Ill Patient Law, 5766-2005.
Record Keeping and Accounts Management§
32ah.
(a)An attorney-in-fact shall keep documentation of significant decisions made in the donor's name and of actions taken in the donor's affairs, and shall also retain the expert opinion in respect of the entry into effect.
(b)The Minister may prescribe provisions in respect of this section, including provisions regarding the periods for retaining documentation in accordance with the types of documents that the Minister shall prescribe.
(c)The Minister may prescribe provisions in respect of the management of the donor's accounts by the attorney-in-fact.
Complaints Examination Mechanism§
32ai.
(a)A mechanism for examining complaints regarding the performance of the duties of attorneys-in-fact acting pursuant to continuing powers of attorney that have entered into effect shall be established within the Office of the General Guardian (in this Law — complaints examination mechanism).
(b)The General Guardian shall appoint a complaints commissioner as referred to in subsection (a), who shall be responsible for receiving and examining complaints under this Chapter (in this Law — the Complaints Commissioner); the Complaints Commissioner shall be a civil servant and notice of his appointment shall be published in Reshumot (Official Gazette).
(c)The donor or a relative thereof, and any other person who believes that the attorney-in-fact is acting contrary to the provisions under this Law or is infringing upon the rights or interests of the donor, may submit a complaint to the complaints examination mechanism.
(d)The complaints examination mechanism shall include accessibility accommodations in accordance with the provisions of the Equal Rights for Persons with Disabilities Law.
(e)The Complaints Commissioner shall not examine a complaint that is —
(1)A complaint concerning a matter pending before the court or a matter that the court has decided on the merits;
(2)A complaint that is vexatious or frivolous on its face, or that concerns trivial matters;
(3)A complaint concerning a matter in respect of which a complaint has already been submitted to the Complaints Commissioner or to another body competent to examine it, and it has been examined and answered on the merits, and there is no justification in the circumstances of the matter to re-examine it.
(f)For the purpose of examining a complaint, the Complaints Commissioner shall have the powers vested in the Public Complaints Commissioner under section 41(d) of the State Comptroller Law, 5718-1958 [Consolidated Version], and the Complaints Commissioner may for that purpose enlist the assistance of an inspector appointed under section 67c who shall have the powers set out in that section, mutatis mutandis.
(g)The Complaints Commissioner may bring before a competent authority the results of the examination of the complaint so that the authority may consider taking the measures it deems necessary for the protection of the donor's affairs, all in accordance with the provisions to be prescribed by the General Guardian in procedures; if the examination of the complaint raises a suspicion that a criminal offence has been committed, the Complaints Commissioner shall bring the matter to the knowledge of the Israel Police.
(h)The results of the examination of the complaint shall be communicated to the complainant, and if the complaint is found to be wholly or partially justified, the Complaints Commissioner shall also transmit the results of the examination of the complaint to the notified person, provided that the matter relates to affairs in respect of which the duty to report applies as referred to in section 32p, all while maintaining the privacy of the donor and of any other person.
Need to cite this law in a foreign court?
Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.
Contact Us →Chapter III: Guardians by Appointment
When a Guardian Shall Be Appointed§
33.
(a)The court may appoint a guardian —
(1)For a minor whose both parents have died or have been declared legally incompetent, or whose guardianship has been removed from them under section 27, or restricted under section 29, or who are unable to fulfil their obligations towards the minor under Chapter II, or who are refraining, without reasonable cause, from fulfilling all or some of those obligations;
(2)For a minor — in the circumstances referred to in section 28 or section 29;
(3)For a person declared legally incompetent;
(4)For any other person who is unable, on a permanent or temporary basis, to attend to all or some of his affairs, and there is no one who is authorised and willing to attend to them in his place;
(5)For a person who cannot yet be identified;
(6)For an unborn child.
(b)An application for the appointment of a guardian for a person may be submitted by the person's spouse or relative, or by the Attorney General or his representative.
Court Discretion in Appointing a Guardian for an Adult§
33a.
(a)The court shall not appoint a guardian for an adult person under section 33(a)(4), unless it found that all of the following apply:
(1)Without an appointment, the person's rights, interests or needs are liable to be harmed;
(2)No continuing power of attorney executed by the person has been deposited with the General Guardian in respect of the matters for which the appointment is requested;
(3)It is not possible to achieve the purpose for which appointment of a guardian is required and to protect the person's wellbeing by means that are less restrictive of his rights, liberty and independence, after examining the alternatives in the circumstances of the matter, including the possibility of appointing a supported decision-making advisor under section 67b.
(b)In addition to the provisions of subsection (a), the court shall not appoint a guardian for a person who is unable to attend to his affairs but is capable of making decisions in connection therewith, except in special circumstances and after the court was satisfied that there is no one who is willing and able to assist the person in attending to his affairs without being appointed as guardian; if the court appointed a guardian for such a person, the court shall give directions regarding the duties and powers of the guardian, having regard to the provisions of subsections (e) and (f), provided that the guardian shall not be authorised to make a decision on the person's behalf contrary to the person's wishes.
(c)
(1)Notwithstanding the provisions of subsection (a), the court shall not appoint a guardian for an adult person under section 33(a)(4), who has deposited a continuing power of attorney with the General Guardian as referred to in subsection (a)(2), unless the conditions for appointing an additional guardian over the attorney-in-fact under section 32ab(b) are met, or unless the power of attorney or an appointment thereunder has been revoked under section 32ac;
(2)If the court appointed a guardian for a person as referred to in paragraph (1), and that person has deposited advance directives with the General Guardian, the court shall direct the guardian it appointed to act in accordance therewith or to fulfil them approximately as referred to in section 32ae, unless one of the conditions listed in subsections (c) through (d) of that section is met.
(d)The court appointing a guardian for an adult under section 33(a)(4) shall specify in its decision one or more of the following matters to be entrusted to the guardian:
(1)A particular matter or particular matters as the court shall determine;
(2)Medical matters;
(3)Personal matters;
(4)Property matters.
(e)When the court comes to determine the matters to be entrusted to a guardian appointed under this section, the court shall limit as much as possible the matters to be entrusted to the guardian if the purpose for which the guardian was appointed and the protection of the person's wellbeing can be achieved without determining additional matters.
(f)When the court comes to determine the period of appointment of a guardian appointed under this section, the court shall consider limiting the period if the purpose for which the guardian was appointed can be achieved in a shorter period.
(g)The court may include in the appointment order directions regarding the actions of a guardian and may prescribe conditions and limitations in respect of such actions.
(h)In its reasons for the appointment, the court shall address the considerations it weighed in appointing the guardian under this section, including in respect of the period of appointment.
Application by an Attorney-in-Fact to Be Appointed as Guardian§
33b.
A person who was given a power of attorney that is not a continuing power of attorney that was in effect until the time at which the donor ceased to be capable of understanding the matter, may apply to the court to be appointed as guardian for the person in respect of the matter for which the power of attorney was given, and the court may appoint that person if it found that there is a need to appoint a guardian under section 33a in those matters and that the donor's wellbeing is best served by appointing that same attorney-in-fact as guardian for those matters, provided that the donor has not given a continuing power of attorney or advance directives as referred to in section 32ae in that matter requesting the appointment of another person as guardian.
Who May Be a Guardian§
34.
(a)Any of the following may be appointed as guardian:
(1)An individual;
(2)A corporation;
(3)The General Guardian;
(4)A guardianship committee for Holocaust victims in respect of Holocaust victims, whose composition is:
(1)A representative of the Ministry of Health;
(2)A representative of a body that deals with the affairs of Holocaust victims.
If the court appointed a corporation to be a guardian, the court may designate an individual to carry out the guardian's duties on behalf of the corporation.
(b)The Minister, in consultation with the Minister of Welfare and Social Services and with the approval of the Constitution, Law and Justice Committee of the Knesset, may prescribe conditions required for the approval of corporations and of professional guardians to be appointed as guardians, including in respect of their qualification requirements and training, and also in respect of the maximum number of persons who have the same guardian; for this purpose, "professional guardian" — a person appointed as guardian for at least three persons who are not his relatives.
Priority in Selection of Guardian§
35.
(a)The court shall appoint as guardian the person who appears to it, in the circumstances of the matter, to be most suitable for the person's wellbeing, taking into account the person's wishes.
(b)In appointing a guardian for a minor under section 33(a)(1), the court shall give priority to a suitable person who is a family member of the minor, unless the court found that in the circumstances of the matter it would be in the minor's best interests to appoint a guardian who is not a family member; in this subsection, "family member" — a brother, sister, parent's parent, parent's brother or sister, or a spouse or partner of a parent.
Giving Advance Directives for the Purpose of Appointing a Guardian§
35a.
(a)A competent adult may give advance directives for the purpose of appointing a guardian (in this section — advance directives), in which the person shall detail the name of one or more individuals or corporations whom the person requests to be appointed as guardian for the person where the conditions listed in section 33a are met, and the person may also give advance directives in which the person shall detail his wishes regarding future decisions to be made in his name or actions to be taken in his name by the guardian to be appointed for the person as aforesaid, whether or not the person specified the name of the person whom the person requests to be appointed as guardian; for this purpose, "competent" — a person who is capable of understanding the significance of giving advance directives for the purpose of appointing a guardian, their purposes and their consequences.
(b)Advance directives under this section shall be made in writing in accordance with a form to be prescribed in Regulations and shall be signed before a lawyer; a form of advance directives that also relates to medical matters shall be prescribed with the consent of the Minister of Health.
(c)Advance directives under this section shall be deposited with the General Guardian; the deposit shall be made by delivering an original copy of the directives by the person giving them personally or by the lawyer before whom they were made; the deposit of the advance directives is a prerequisite to their entry into effect.
(d)Notwithstanding the provisions of section 35, if a person gave advance directives and the court found that a guardian must be appointed for that person under section 33a, the court shall appoint as guardian the person whose name was specified in the directives as guardian and shall direct that person to act in accordance with the advance directives, unless the circumstances set out in section 32ae(c) or (d) were met, or unless the court was of the opinion that the appointment of the person specified as guardian or the fulfilment of the advance directives would cause substantial harm to the person.
(e)The provisions of sections 32m, 32n, 32o, 32q, 32r, 32s, 32u, 32v(1) and (2), 32w, 32ae, 32af and 32ag shall apply to advance directives under this section, mutatis mutandis.
(f)Nothing in the provisions of this section shall derogate from the provisions of section 67f.
Hearing of the Person by the Court§
36.
Before appointing the guardian, the court shall hear the person's view if the person is capable of understanding the matter and it is possible to ascertain the person's view.
Consent of the Guardian§
37.
No person shall be appointed as guardian unless that person has expressed consent thereto before the court.
Duties of the Guardian of a Minor and of a Person Declared Legally Incompetent§
38.
A guardian of a minor is obliged to attend to the minor's needs, including the minor's education, studies, vocational training and work, and is also obliged to safeguard the minor's assets, manage and develop them; the guardian is entitled to have the minor in his custody, to determine the minor's place of residence, and is authorised to represent the minor; all this unless the court has limited the guardian's duties, and the same applies, mutatis mutandis, to a guardian of a person declared legally incompetent.
Duties of Another Guardian§
39.
(a)A guardian who is not the guardian of a minor or of a person declared legally incompetent shall be obliged to attend to the matters entrusted to him by the court and to act for the preservation of the rights, interests and needs of the person and to make decisions in connection therewith, all in accordance with the provisions of Chapter III-A.
(b)The Minister, after consultation with the Minister of Welfare and Social Services and with the approval of the Constitution, Law and Justice Committee of the Knesset, may prescribe provisions regarding the responsibilities and duties of a guardian as referred to in subsection (a), which shall apply if the court has not given other directions at the time of appointment or thereafter, and regarding the qualifications of office holders in a corporation appointed as guardian; such provisions may be prescribed in accordance with types of guardianship, and the Minister may prescribe provisions with respect to guardians that are corporations, the scope of their activities and office holders therein, and with respect to professional guardians as defined in section 34.
Exemption from Maintenance§
40.
The appointment of a person as guardian does not impose upon him an obligation to maintain the person of whom he is the guardian.
41.§
(Repealed — תשע״ו)
42.§
(Repealed — תשע״ו)
43.§
(Repealed — תשע״ו)
Directions of the Court§
44.
The court may, at any time, upon the application of the person for whom a guardian has been appointed, the guardian, or the Attorney General or his representative, or of an interested party, and also on its own initiative, give the guardian directions on any matter relating to the performance of his duties; the court may likewise, upon the application of the guardian, approve an act that he has performed.
Appointment of Several Guardians§
45.
The court may, if it sees special reason to do so, appoint more than one guardian for a person; having done so, the court shall decide whether to impose the duties of guardianship on the guardians jointly or to divide them among them.
Law of Joint Guardians§
46.
Where the court has imposed duties of guardianship on two or more guardians jointly, the following provisions shall apply unless the court has directed otherwise:
(1)The guardians shall be obliged to act by agreement; in a matter on which their views are divided, they shall act as the court decides;
(2)An act by one or some of the guardians requires the consent of the others or the approval of the court, whether in advance or retrospectively;
(3)In a matter that does not admit of delay, each of the guardians may act on his own initiative;
(4)The guardians are jointly and severally liable to the person;
(5)Where the place of one of the guardians has become vacant or he has ceased to act, temporarily or permanently, the others shall be obliged to notify the court thereof immediately, and they are obliged and empowered to continue in their duties as long as the court has not determined otherwise.
Powers of the Guardian and Obtaining Approval for the Performance of Acts§
47.
(a)The guardian is empowered to do whatever is necessary for the performance of his duties; in respect of the acts listed below, he is not empowered to represent the person of whom he is guardian without prior approval having been given therefor in accordance with the provisions of section 74a:
(1)Transfer, charge (security interest), partition or liquidation of an agricultural, industrial, craft or commercial enterprise unit, or of a dwelling;
(2)A transaction in real property, except for the letting of an asset for a period not exceeding five years to which the provisions of the Tenant Protection Law [Consolidated Version], 5732-1972, do not apply;
(3)Assignment or charge (security interest) of a right to acquire a right in real property;
(4)Letting to which the provisions of the Tenant Protection Law [Consolidated Version], 5732-1972, apply;
(5)Renunciation of a share or portion in an estate, or the transfer or charge (security interest) of a share or portion in an estate;
(5a)Making a donation in an amount exceeding the amount set in the advance directives pursuant to section 35a (in this section — advance directives) or in an amount exceeding NIS 100,000 in the aggregate, whichever is lower, provided that express authorisation has been given in the advance directives;
(5b)Making a gift that is not customary in the circumstances of the matter, and where express authorisation has been given in advance directives — in an amount exceeding the amount set in the advance directives or in an amount exceeding NIS 100,000 in the aggregate, whichever is lower;
(5c)Another legal act, including several acts connected with a single transaction, whose value exceeds NIS 100,000, unless express authorisation has been given in the advance directives; where express authorisation as aforesaid has been given, a legal act as aforesaid whose value exceeds NIS 500,000 shall be brought for approval;
(5d)Withdrawal of funds from a provident fund in contravention of provisions pursuant to section 23 of the Supervision of Financial Services (Provident Funds) Law, 5765-2005, as their meaning in 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;
(5e)Giving a guarantee or giving a loan; and where express authorisation to give a loan has been given — in an amount exceeding the amount set in the advance directives or in an amount exceeding NIS 100,000, whichever is lower;
(5f)An undertaking to perform an act from among the acts listed in paragraphs (1) to (5e);
(6)Another act which the court has determined, in the appointment Order or thereafter, to require approval as aforesaid.
(b)Where there is urgency in performing an act for the purpose of protecting the affairs of a person, the guardian may, in special cases, apply for retrospective approval pursuant to the provisions of section 74a.
(c)The Minister, with the approval of the Constitution, Law and Justice Committee of the Knesset, may prescribe types of assets of the person, types of acts in respect of the assets of the person or other circumstances, in relation to which a guardian shall be empowered to represent the person of whom he is guardian without approval having been given therefor pursuant to the provisions of subsection (a).
Management of a Payment Account by a Guardian§
47a.
(a)Without derogating from the provisions of section 47(a) and from the provisions of any law, the guardian may, for the purpose of performing his duties, open or manage a payment account of the person of whom he is guardian, and also use payment instruments, cheques and direct debit authorisations, including online means, on behalf of that person.
(b)Where a guardian has applied to a payment service provider for one or more of the services referred to in subsection (a), the service provider shall not refuse the application and shall not make the provision of the service conditional on unreasonable terms in the circumstances of the matter, solely on the ground that it concerns the payment account of a person for whom a guardian has been appointed.
(c)In this section — "payment instrument", "direct debit authorisation", "payment account" and "payment service provider" — as their meaning in the Payment Services Law, 5779-2019.
Acts Involving a Conflict of Interests§
48.
In a legal act between the person and the guardian appointed for him or the guardian's relatives, other than gifts given to that person, and in a legal act between two persons for whom the same guardian has been appointed, the guardian is not empowered to represent a person of whom he has been appointed guardian without the court or another guardian appointed for that purpose having approved them in advance.
Protection of Third Parties§
49.
An act of a guardian requiring consent or approval pursuant to section 46(2) and section 47(6) shall be valid even without such consent or approval if it was done in relation to a person who did not know and was not required to know that it required consent or approval.
Investments§
50.
The funds of the person for whom a guardian has been appointed, to the extent that they are not required for his current needs, the guardian is obliged to hold or invest as required for the preservation of the principal and the securing of income in one of the ways prescribed for that purpose by the Minister of Justice in Regulations or in the manner directed by the court.
Inventory§
51.
The guardian is obliged to submit to the General Guardian, within thirty days of the date of his appointment, an inventory of the assets of the person of whom he is guardian, including his debts, unless the General Guardian has exempted him from this obligation in accordance with procedures prescribed by him or has set a different date for the submission of the inventory.
Provisions Regarding Valuation§
52.
The court may direct —
(1)that the guardian shall submit to the General Guardian, at a date set by the court, a valuation of the value of the assets of the person of whom he is guardian, drawn up as at a date set by the court;
(2)that the said valuation shall be drawn up by a valuer or by another person as the court has determined.
Accounts, Reports and Provision of Information§
53.
The guardian is obliged, in all matters of guardianship, to keep accounts, to submit to the General Guardian a report as he shall direct, but at least once a year and upon the conclusion of his duties or upon the expiry of the guardianship, and to furnish the General Guardian with full information upon his demand, unless the General Guardian has exempted him, in accordance with procedures prescribed by him, from the obligation to submit a report or has set a different date for its submission. The Minister of Justice may make Regulations regarding the accounts that guardians are required to keep.
Examination of Reports§
54.
The Minister of Justice may, with the approval of the Constitution, Law and Justice Committee of the Knesset, make Regulations regarding the manner of submission of the inventory and reports and the manner of their examination, including their submission online in respect of corporations and professional guardians as defined in section 34, by the General Guardian, and may prescribe types of reports that the General Guardian is exempt from examining, subject to conditions to be prescribed.
Expenses of the Guardian§
55.
Reasonable expenses incurred by the guardian in the performance of his duties are borne by the person of whom he is guardian, and the guardian may reimburse himself therefor from the assets of that person.
Remuneration of the Guardian§
56.
(a)The remuneration of a guardian shall be determined by the court if it sees reason to do so in the circumstances of the matter, or by means of approval of guardian's remuneration pursuant to the provisions of section 74a; the guardian's remuneration determined or approved as aforesaid is borne by the person for whom a guardian has been appointed and the guardian may receive it from the assets of that person.
(b)The Minister of Justice may prescribe rules regarding the remuneration that the court may determine for guardians, which shall apply, with the necessary modifications, to the approval of guardian's remuneration pursuant to the provisions of section 74a.
Liability of the Guardian§
57.
The guardian is liable for damage caused to the person of whom he is guardian or to his property. The court may exempt him from his liability, in whole or in part, if he acted in good faith and intended the benefit of that person. The guardian does not bear liability if he acted in good faith in accordance with the directions of the court or obtained its approval, whether in advance or retrospectively.
Security§
58.
The court may, before or after the appointment of a guardian, require the guardian to create a charge (security interest) over assets or to furnish a guarantee to secure the performance of his duties and obligations, and the court may, at any time, require additional security or release security that has been given, in whole or in part.
Realisation of Security§
59.
Security pursuant to section 58 shall be given in favour of the person for whom a guardian has been appointed, and the General Guardian is empowered to represent him in all matters relating to its realisation.
Resignation of the Guardian§
60.
The guardian may, by written notice to the court, resign from his duties; the resignation does not take effect unless the approval of the court has been obtained therefor and from the date specified for that purpose in the approval.
Dismissal of Guardian§
61.
The court may dismiss a guardian if the guardian did not properly fulfil his duties or if the court sees another reason for dismissing him.
Lapse of Guardianship§
62.
Guardianship over a minor lapses upon the minor attaining majority; over a person declared legally incompetent — upon the court's cancellation of that declaration; over a person who is neither a minor nor a person declared legally incompetent — if the court determines that the reasons for the guardianship have ceased or that its purpose has been achieved; the lapse of such guardianship takes effect from the date fixed therefor by the court; guardianship over any person lapses upon that person's death.
Termination of Guardian's Functions§
63.
(a)Upon the resignation or dismissal of the guardian and upon the lapse of the guardianship, the guardian is obliged — and upon the guardian's death, the guardian's heirs are obliged — to deliver to the person for whom a guardian was appointed, or to such person as the court may determine, the assets of the person for whom a guardian was appointed that are in the guardian's possession or under the guardian's supervision, and the documents relating to those assets.
(b)Notwithstanding the lapse of the guardianship, a guardian for property matters shall be authorised, so 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 actions:
(1)to pay from the person's funds current payments for services rendered to the person or connected with the person's property during the period of the guardianship;
(2)to collect from the person's funds the fee to which the guardian is entitled;
(3)to pay from the person's funds reasonable expenses for burial and mourning; such expenses shall be paid in accordance with what is customary in the circumstances of the matter or in accordance with instructions given in relation to the person;
(4)to manage a leased asset of the person or a business requiring ongoing management.
(c)Should the need arise to carry out actions beyond those referred to in subsection (b) in order to safeguard the interests or property of the person, and in special circumstances — in order to prevent harm to the person's estate, the court may direct that the guardian for property matters shall be obliged and authorised to carry them out, all in accordance with the directions and for the period that the court shall determine.
Will or Expression-of-Wishes Document of a Parent or Guardian Who Is a Relative of a Minor§
64.
(a)A parent of a minor or a guardian of a minor who is the minor's relative, including a de facto guardian as defined in section 67, may indicate in his will the name of an individual whom he requests to be appointed as guardian for his child or relative after the testator's death.
(b)A person referred to in subsection (a) may indicate, in a document to be drawn up in accordance with the provisions of this section (in this Chapter — expression-of-wishes document), the name of the person whom he requests to be appointed as guardian for his child or relative, if by reason of a disability he should cease to be capable of caring for his child or relative and making decisions regarding the child or relative.
(c)A person referred to in subsection (a) or (b) may give instructions on a matter from among those matters subject under this Law to the discretion of the court or the guardian, so that they shall be observed by the court or the guardian after the testator's death or if the testator should cease to be capable of caring for and making decisions regarding his child or relative, as the case may be.
(d)An expression-of-wishes document shall be drawn up in writing and signed before an advocate, and the provisions of sections 32m, 32n, 32r, 32s(a), 32v(1) and 32w shall apply thereto, with the necessary modifications.
(e)Where a person has drawn up a will or an expression-of-wishes document pursuant to subsections (a) or (b), the court shall give priority to the appointment of the person whose name is indicated in the will or expression-of-wishes document, as the case may be, as guardian for the minor, and shall direct the guardian to act in accordance with the instructions in the will or expression-of-wishes document, all unless the court finds that the minor's welfare requires departing therefrom and subject to the provisions of section 28 with respect to the guardianship of the other parent.
Will or Expression-of-Wishes Document of a Guardian of an Adult§
64a.
(a)A guardian of a person who is the guardian's relative, including a de facto guardian as defined in section 67, may indicate in his will the name of an individual or corporation whom he requests to be appointed as guardian for his son or relative after the testator's death.
(b)A person referred to in subsection (a) may indicate in an expression-of-wishes document the name of an individual or corporation whom he requests to be appointed as guardian for his son or relative, if he should cease to be capable of caring for his son or relative and making decisions regarding the son or relative.
(c)A person referred to in subsection (a) or (b) may give instructions on a matter from among those matters subject under this Law to the discretion of the court or the guardian, so that they shall be observed by the court or the guardian after the testator's death or if the testator should cease to be capable of caring for and making decisions regarding his son or relative, as the case may be.
(d)An expression-of-wishes document shall be drawn up in writing and signed before an advocate, and the provisions of sections 32m, 32n, 32r, 32s(a), 32v(1) and 32w shall apply thereto, with the necessary modifications.
(e)Before the court appoints a guardian for a person or gives preliminary instructions, the court shall hear the person in accordance with section 36.
(f)Where a person has drawn up a will or an expression-of-wishes document pursuant to subsections (a) or (b), the court shall appoint as guardian the person whose name is indicated in the will or expression-of-wishes document, as the case may be, if the court finds, after hearing the person in respect of whom the application was filed and taking the person's wishes into account, that there is a need to appoint a guardian for that person pursuant to section 33a and that the appointment of the person indicated in the will or expression-of-wishes document is consistent with that person's welfare; where a person has given instructions in a will or an expression-of-wishes document as aforesaid, the court shall direct the guardian to act in accordance with those instructions, if the court finds that doing so is consistent with the welfare of the person for whom the guardian serves, provided that that person has not given different preliminary instructions on the matter pursuant to this Law.
(g)Nothing in the provisions of this section shall derogate from the provisions of section 32ab(c).
General Guardian Acting as Guardian§
65.
Where the General Guardian has been appointed as guardian, the provisions of sections 37, 50, 57, 58, 59 and 60 shall not apply.
Guardian Whose Appointment Was Defective§
66.
An act of a guardian shall be valid even if there was a defect in the guardian's appointment, if the act was done in relation to a person who did not know and was not required to know of the defect.
De Facto Guardian§
67.
A person who acts as a guardian — his duties and liability towards a person for whom a guardian was appointed or for whom the court was entitled to appoint a guardian shall be in accordance with the provisions of this Chapter, even if no guardian was appointed at all, or if there was a defect in the appointment, or if the guardian resigned, was dismissed, or if the guardianship lapsed.
Committee for Guardianship Matters for Holocaust Victims§
67a.
(a)The Minister of Labour and Welfare shall appoint a committee for guardianship matters for Holocaust victims, with the following composition:
(1)a representative of the Ministry of Labour and Welfare who is a chief social worker for procedural matters appointed pursuant to the Welfare (Procedure in Matters of Minors, Mentally Ill Persons and Absentees) Law, 5715-1955, or a social worker appointed pursuant to that Law, as proposed by the chief social worker for procedural matters;
(2)a representative of the Ministry of Health, to be proposed by the Minister of Health;
(3)a representative of the Ministry of Justice, to be proposed by the Minister of Justice.
(b)The person for whom a guardian has been appointed or for whom the court is entitled to appoint a guardian, the guardian, a relative of that person, the manager of a hospital in which the person is hospitalised, and any person caring for that person, may apply to the committee on any question arising in connection with the care of that person or regarding the need for the appointment or replacement of a guardian.
(c)The committee shall examine every application as referred to in subsection (b) and may give its recommendations to the guardian on matters relating to the care of the ward and may also apply to the Attorney General or his representative and to the General Guardian, and recommend that they take action within their authority, including applying to a court pursuant to this Law.
Appointment of a Supported Decision-Making Supporter§
67b.
(a)The functions of a supported decision-making supporter shall be all or some of the following —
(1)to assist the person in obtaining information from any body;
(2)to assist the person in understanding the information required for the purpose of making decisions, including the possible alternatives and their implications, and to explain all of these to the person in simple and clear language that the person understands and by using aids available to the person and in any possible manner that is reasonable in the circumstances of the matter;
(3)to assist the person in implementing the person's decisions and in realising the person's rights, including assistance in expressing the person's decisions to third parties, to the extent and in the manner to be prescribed by Regulations pursuant to subsection (f).
(b)For the purpose of carrying out the supporter's functions, the powers of a supported decision-making supporter shall be all or some of the following:
(1)to apply to any body and to receive information on behalf of the person;
(2)to assist the person in expressing the person's wishes and decisions to third parties;
(3)to carry out, on behalf of the person and at the person's request, actions for the purpose of implementing the person's decisions and realising the person's rights, to the extent and in the manner to be prescribed by Regulations.
(c)A supported decision-making supporter shall not make decisions on behalf of the person the supporter assists.
(d)The court may appoint a supported decision-making supporter for an adult who, with support, is capable of making decisions regarding his affairs by himself.
(e)Where the court has appointed a supported decision-making supporter for a person, the court shall specify in its decision the matters in respect of which the supporter shall serve as supported decision-making supporter, shall determine the period of the appointment, and shall determine the supporter's functions and powers as referred to in subsections (a) and (b), in whole or in part.
(f)The Minister, with the consent of the Minister of Welfare and Social Services and the Minister of Finance and after consultation with the Minister of Health, and with the approval of the Constitution, Law and Justice Committee of the Knesset, may prescribe additional provisions regarding the functions and powers of a supported decision-making supporter, and may also prescribe additional provisions regarding a supported decision-making supporter, including on the following matters:
(1)who may be appointed as a supported decision-making supporter;
(2)the training required of a supported decision-making supporter;
(3)the duties, liability and modes of action of a supported decision-making supporter;
(4)provisions regarding circumstances that justify a review of the appointment, including examination of other alternatives;
(5)determining the possibility for a person with capacity, as defined in Chapter II-A, to appoint a supported decision-making supporter in the manner in which a continuing power of attorney is drawn up, and to apply thereto provisions applicable to a continuing power of attorney with such modifications as the Minister shall prescribe;
(6)rules regarding the cancellation and lapse of an appointment order.
(g)Nothing in the provisions of this section shall derogate from the provisions of section 68.
Supervisory Powers§
67c.
(a)The General Guardian shall authorise, from among the employees of his office, inspectors who shall be vested with the powers under this section, in whole or in part, for the purpose of supervising compliance with the provisions pursuant to this Chapter; notice of the authorisation shall be published in Reshumot (Official Gazette).
(b)No inspector shall be appointed pursuant to the provisions of subsection (a) unless all of the following conditions are met:
(1)the inspector has not been convicted of a criminal offence or a disciplinary offence and no indictment has been filed against him for such an offence which, by reason of its nature, severity or circumstances, renders him unfit to serve as an inspector;
(2)the inspector has received appropriate training in the area of the powers to be vested in him pursuant to this section, as directed by the General Guardian;
(3)the inspector meets additional eligibility requirements as directed by the General Guardian.
(c)For the purpose of supervising compliance with the provisions pursuant to this Chapter, an inspector may, after having identified himself —
(1)require any person to furnish the inspector with the person's name and address and to present an identity card or other official identifying document;
(2)enter any premises to which entry is required for the purpose of carrying out the inspector's functions, at any reasonable time, provided that the inspector shall not enter premises used as a dwelling except pursuant to a court order or where one of the following conditions is met:
(a)after the consent of the person for whom a guardian has been appointed has been given, and if the person's view cannot be ascertained — with the guardian's consent, provided that the said person does not object;
(b)where the dwelling premises is a residential facility, an inspector may enter the residential area after prior coordination with the manager of the facility or with the guardian, and if there is concern of harm to the person's wellbeing by reason of the guardian's manner of functioning — without prior coordination, all provided that the person for whom a guardian has been appointed and any person residing with that person do not object to entry into the residential area;
(3)require any person concerned to furnish the inspector with any information or document that may ensure compliance with the provisions pursuant to this Chapter; in this paragraph, "document" — including a printout as defined in the Computers Law, 5755-1995.
(d)An inspector shall not exercise the powers vested in him pursuant to this section except in the course of carrying out his functions and provided that both of the following conditions are met:
(1)the inspector is visibly wearing a badge identifying the inspector and the inspector's function;
(2)the inspector holds a certificate signed by the General Guardian attesting to the inspector's function and powers, which shall be presented upon request.
Need to cite this law in a foreign court?
Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.
Contact Us →Read the entire law on one page — continuous text, no page breaks, plus PDF downloads.