Translation Notice — This is an English translation of a Hebrew law and may contain inaccuracies. In any dispute or legal matter, the original Hebrew text as published in Reshumot (ספר החוקים) is the sole authoritative and legally binding version.
Law
Legal Capacity and Guardianship Law, 5722-1962
חוק הכשרות המשפטית והאפוטרופסות
Section D: Enduring Power of Attorney
Manner of Executing a Continuing Power of Attorney
32jc.
[Amendment: 5776, 5777]
(a)A continuing power of attorney shall be given in writing in accordance with a form to be prescribed by Regulations.
(b)In a continuing power of attorney, the donor shall specify the matters in respect of which the attorney is authorized to act on the donor's behalf, and if the attorney is authorized to perform on the donor's behalf any of the acts listed in Section 32f(c) — the donor shall also specify those acts; furthermore, the donor may include in the power of attorney advance directives and provisions regarding the entry into force of the power of attorney and its expiry.
(c)In a continuing power of attorney for personal matters, the donor shall expressly state whether the attorney is authorized to act on the donor's behalf in health matters, and if so — in which matters, and the donor may appoint an attorney who shall be authorized to act on the donor's behalf only in matters relating to the donor's health as provided in Section 32טו; if a person has appointed an attorney for all of the donor's personal matters and has not expressly excluded health matters therefrom, the continuing power of attorney shall apply to those matters as well.
(d)The explanation and information referred to in Sections 32יד(c) and 32טו(c) shall be provided to the donor in the absence of the attorney, in plain language intelligible to the donor, and if the donor is a person with a disability — with the provision of accessibility accommodations where required under the Equal Rights for Persons with Disabilities Law.
(e)The donor shall confirm by signature on the power of attorney that the donor understands the meaning of granting the power of attorney, its purposes and consequences, and that the power of attorney is given with free and voluntary consent, without the application of pressure or undue influence upon the donor and without exploitation of the donor's distress or weakness.
(f)The donor may attach to a continuing power of attorney an expert opinion attesting that the donor has legal capacity at the time of executing the power of attorney.
(g)In a continuing power of attorney the donor may designate one or more persons whom the attorney must notify of the attorney's intention to inform the General Guardian of the entry into force of the power of attorney; the donor may designate an additional person to whom the attorney shall give notice if it is not possible to deliver the notice to the person chosen by the donor.
(h)In a continuing power of attorney the donor shall designate a body to whom the attorney shall report decisions and actions as referred to in Section 32טז.
(i)Notwithstanding any law, a power of attorney executed under this Law does not require any other confirmation.
(j)Regulations made under this Section and Sections 32יד and 32טו, other than regulations on the subject of training under Section 32יד(a), require approval by the Constitution, Law and Justice Committee of the Knesset.
Signing a Lasting Power of Attorney
32jd.
[Amendment: 5776, 5784-2]
(a)A lasting power of attorney shall be signed by the donor before an attorney who has undergone training with respect to the drafting of lasting powers of attorney, as shall be prescribed by Regulations, and who has no personal interest in the power of attorney.
(b)If a doubt arises for the attorney as to whether a person has capacity, including due to a disability that affects that person's ability to understand the nature of the power of attorney, its significance, its purposes, and its consequences, the attorney shall refer that person to an expert, as the Minister shall determine for this purpose with the consent of the Minister of Health and the Minister of Welfare and Social Services, so that the expert may render an opinion as to whether the donor has capacity.
(c)The attorney before whom the power of attorney is signed shall bring to the donor's attention and shall explain to the donor, in plain language intelligible to the donor, the following:
(1)the legal significance of a lasting power of attorney;
(2)the alternatives existing under the law to a lasting 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 lasting power of attorney, including provisions regarding the date of its entry into force, advance directives, limitation to categories of matters, and provisions regarding notification;
(4)circumstances in which explicit authorization shall not be required, matters in which explicit authorization 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 the donor to request that an additional person be notified upon the entry of the power of attorney into force, and to choose to whom and in what manner the attorney-in-fact shall report on the attorney-in-fact's actions to another person or to the General Guardian, as referred to in Section 32p;
(6)the option to revoke the power of attorney, or to stipulate that it shall remain in force even if the donor requests to revoke it at a time when the donor does not have capacity, as referred to in Section 32w.
(d)Attached to a lasting power of attorney shall be the consent of the attorney-in-fact to serve as attorney-in-fact, signed before an attorney after the attorney has explained to the attorney-in-fact the significance of the power of attorney, and the attorney-in-fact's confirmation that the attorney-in-fact has read and understood its significance, responsibilities, and powers thereunder, and that the attorney-in-fact meets the eligibility conditions to serve as attorney-in-fact under this Chapter.
(e)The attorney before whom the power of attorney is signed shall confirm on the form that the donor signed the power of attorney before the attorney on the date stated therein, after the attorney brought to the donor's attention the particulars set out in subsection (c), and that the attorney was satisfied that the donor understands the significance of granting the power of attorney, its purposes, and its consequences, and that the attorney formed the impression, after having applied their mind thereto, that the power of attorney was given by free and voluntary consent without pressure or undue influence having been exerted upon the donor and without exploitation of the donor's distress or weakness.
Medical Power of Attorney
32if.
[Amendment: 5776]
(a)A lasting power of attorney that authorizes the attorney-in-fact to act on behalf of the donor only in matters relating to the donor's health (in this Law – a medical power of attorney) may be signed before a professional or an attorney 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 certified male or female nurse.
(b)A medical power of attorney also authorizes the attorney-in-fact in matters relating to examination or psychiatric treatment in the community, as well as to receiving information regarding examination, treatment, or hospitalization in a psychiatric hospital under the Treatment of Mentally Ill Persons Law, 5751–1991, all unless the donor has stipulated otherwise.
(c)The professional before whom a medical power of attorney is signed shall confirm that the professional formed the impression that the donor understood the significance of granting a power of attorney and the possibility of including advance directives therein, and that the professional formed the impression that the power of attorney was given by free and voluntary consent.
(d)Attached to a medical power of attorney shall be the consent of the attorney-in-fact, signed before a professional or an attorney who confirms that the attorney-in-fact has read and understood its significance, responsibilities, and powers thereunder.
Reporting to a Notified Person or to the General Guardian on Decisions and Actions of the Attorney
32ig.
[Amendment: 5776]
(a)The donor shall designate in the continuing power of attorney one or more persons to whom the attorney must report decisions or actions concerning the matters specified in the power of attorney (in this Chapter — a notified person), at the times and in the manner prescribed by the donor, unless the donor has expressly provided otherwise, and the donor may provide that the attorney shall report on the attorney's actions to the General Guardian.
(b)A notified person shall not be a relative of the attorney, unless the attorney is a relative of the donor.
(c)The donor may provide that a copy of the power of attorney shall be transmitted to a notified person.
(d)A notified person may demand from the attorney information on decisions made and actions taken in matters specified in the power of attorney; the Minister may prescribe in the form categories of decisions or actions that shall be brought to the attention of a notified person unless otherwise provided in the power of attorney.
(e)If the donor has specified in the continuing power of attorney that the attorney shall report on the attorney's actions to the General Guardian, the donor shall notify the General Guardian of this upon depositing the power of attorney, and from the date of entry into force of the power of attorney the provisions of Sections 51 and 53 shall apply to the attorney, with the necessary modifications.
Deposit of a Continuing Power of Attorney
32jg.
[Amendment: 5776]
(a)A continuing power of attorney shall be deposited with the General Guardian; the deposit shall be effected by delivery of an original copy of the power of attorney by the donor personally or by the lawyer before whom it was signed; deposit of the power of attorney is a precondition for its entry into force.
(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 enters into force during that year, it shall continue to remain in force, subject to the provisions of this Law.
(c)If several continuing powers of attorney have been deposited in respect of the same matters, the most recent power of attorney in respect of that matter shall prevail.
(d)The General Guardian, or a person authorized by the General Guardian for this purpose, shall confirm in writing on the copy of the continuing power of attorney delivered to the General Guardian that the power of attorney was deposited as referred to in subsection (a); such confirmation shall constitute prima facie evidence that the person named in the power of attorney as the donor granted the power of attorney and that the power of attorney was granted no later than the date of deposit.
(e)The Minister may prescribe provisions regarding the deposit of a continuing power of attorney under this Section and its safekeeping, and may also prescribe fees for the deposit of a continuing power of attorney or for the receipt of information about it or a copy thereof.
Receipt of Information on Deposit of a Lasting Power of Attorney
32jh.
[Amendment: 5776]
(a)The following are entitled to receive information on the deposit of a lasting power of attorney and a copy thereof –
(1)the donor;
(2)the attorney-in-fact;
(3)the Attorney General or the Attorney General's representative, as well as a social worker for purposes of proceedings who has been appointed under the Welfare (Procedure in Matters of Minors, Mentally Ill Persons, and Absent Persons) Law, 5715–1955, for the purpose of fulfilling their role under this Law.
(b)From the date of entry into force of a lasting power of attorney, relatives of the donor and a notified person are entitled to receive information on the deposit of the power of attorney, on the identity of the attorney-in-fact and of a notified person, and on the categories of matters in respect of which the power of attorney was granted, unless the donor has restricted their entitlement as aforesaid in the lasting power of attorney and has notified the General Guardian thereof at the time of depositing the lasting power of attorney.
(c)The Minister, with the approval of the Constitution, Law and Justice Committee of the Knesset, may prescribe additional office-holders and bodies, beyond those listed in subsection (a)(3), who shall be entitled to receive information on the deposit of a lasting power of attorney or a copy thereof.
(d)The Minister may prescribe conditions and circumstances under which a third party is entitled to receive, after the entry into force of a lasting power of attorney, confirmation from the General Guardian that a lasting power of attorney presented before that third party has been deposited with the General Guardian and that the General Guardian has received a declaration regarding its entry into force.
Entry into Force of a Lasting Power of Attorney
32ji.
[Amendment: 5776]
(a)(1) A lasting power of attorney shall enter into force on the date on which the donor ceases to be capable of understanding a matter in respect of which the lasting power of attorney was granted, including of making decisions in connection therewith, provided that the attorney-in-fact has delivered to the General Guardian a declaration that the conditions for the entry into force of the power of attorney, in whole or in part, have been fulfilled and that the notification obligations have been complied with; if an expert opinion was a condition for the entry into force of the power of attorney, the opinion shall be attached to the declaration.
(2)Upon the General Guardian's receipt of a declaration as referred to in paragraph (1), the General Guardian shall deliver to the attorney-in-fact confirmation that the power of attorney has entered into force, and shall send notice thereof to the donor and to the notified person.
(b)Notwithstanding the provisions of subsection (a), in a lasting power of attorney in property matters the donor may stipulate that the power of attorney shall enter into force immediately after it is granted or at a later date, even if at that date the donor is still capable of understanding a matter; however, until the date on which the donor ceases to be capable of understanding a matter, the lasting power of attorney shall have the same legal standing as a power of attorney granted under the Agency Law.
(c)The donor may prescribe in a lasting power of attorney the manner in which it shall be determined that the donor is incapable of understanding a matter, whether by means of an expert opinion or by another means, provided that it shall not be stipulated that the power of attorney shall enter into force solely upon the decision of the attorney-in-fact; and the donor may prescribe different criteria for each matter. If the donor has not so stipulated, the donor shall be deemed incapable of understanding a matter if it is determined in an expert opinion delivered to the attorney-in-fact that the donor is incapable of understanding a matter; the attorney-in-fact shall be authorized to give consent on behalf of the donor to the performance of the examination required for the preparation of the said opinion.
(d)The attorney-in-fact shall notify the donor and those persons designated by the donor in the power of attorney of the fulfillment of the conditions for the power of attorney's entry into force, before notifying the General Guardian of the power of attorney's entry into force; and if the donor resided permanently with a relative or in a residential facility, the attorney-in-fact shall notify the relative or the manager of the residential facility in which the donor resides, as applicable.
Non-Deprivation of the Donor's Legal Capacity
32k.
[Amendment: 5776]
The entry into force of a continuing power of attorney shall not, in and of itself, deprive a person of legal capacity.
Period of Validity of a Continuing Power of Attorney
32ka.
[Amendment: 5776]
(a)The donor may prescribe in a continuing power of attorney provisions regarding the expiry of the power of attorney, including the date of its expiry; if the donor has not so prescribed and the power of attorney has entered into force as referred to in Section 32יט, the power of attorney shall remain valid until its expiry or cancellation in accordance with the provisions of Sections 32כב, 32כג or 32כט.
(b)Every three years from the date of deposit of the continuing power of attorney and for as long as it has not entered into force under Section 32יט, the General Guardian shall send a notice to the donor informing the donor of this fact in order to verify that the donor wishes the power of attorney to continue to remain in force, and of the donor's right to cancel or amend it.
(c)If the donor has not given notice of the donor's wish to cancel or amend the power of attorney, the power of attorney shall continue to remain in force.
Expiry of a Continuing Power of Attorney
32kb.
[Amendment: 5776, 5777]
A continuing power of attorney shall expire upon the occurrence of any of the following, and notice thereof shall be delivered to the General Guardian by the attorney or on the attorney's behalf, and if the power of attorney has not yet entered into force — by the donor:
(1)A condition which the donor prescribed in the continuing power of attorney as a condition upon the occurrence of which the power of attorney shall expire;
(2)The death of the donor or the attorney;
(3)The attorney no longer meets the conditions set out in Section 32ג;
(4)The attorney was appointed by virtue of being a professional in order to exercise the attorney's professional skills and the attorney's licence has been revoked;
(5)The attorney has given the donor written notice that the attorney does not wish to continue serving as attorney; if the donor did not have legal capacity or was incapable of understanding the matter at that time, the attorney shall also give notice of this to the donor's spouse or another relative;
(6)The attorney was the donor's spouse and the marriage was dissolved after the granting of the continuing power of attorney, unless expressly provided otherwise in the power of attorney;
(7)The attorney was the donor's common-law partner and ceased to maintain a joint household with the donor with the intention of permanently dissolving the family life; such an attorney shall cease to act under the power of attorney and shall notify the donor thereof; the power of attorney shall expire under this paragraph from the date of delivery of the notice to the General Guardian or to the donor, whichever is the later.
Cancellation of a Continuing Power of Attorney by the Donor
32kc.
[Amendment: 5776, 5777]
(a)A donor may deliver to the attorney written notice of the cancellation of a continuing power of attorney granted by the donor; the cancellation of the continuing power of attorney shall take effect upon delivery of such notice.
(b)The donor shall deliver to the General Guardian written notice of the cancellation of the power of attorney; however, failure to deliver the notice to the General Guardian shall not affect the validity of the cancellation if the attorney received notice of the cancellation pursuant to the provisions of subsection (a).
(c)Notwithstanding the provisions of subsection (a), if the donor has retracted the notice of cancellation and expressed the donor's wish that the attorney continue in the role, the attorney or the donor may apply to the court for the reinstatement of the power of attorney; if the court grants the application, the court shall determine the date for the reinstatement of the power of attorney.
(d)A donor may expressly provide in a continuing power of attorney that it shall remain in force even if the donor gives notice of the donor's wish to cancel it at a time when the donor does not have legal capacity; if a donor has so provided but subsequently wishes to cancel the continuing power of attorney after the donor has ceased to be capable of understanding the matter, the power of attorney shall continue to remain in force, however the donor or the attorney may apply to the court for its cancellation; if the court finds that circumstances exist that justify the cancellation of the power of attorney, the court shall cancel it and the provisions of Section 32כט(e) and (f) shall apply.
Termination of the Attorney-in-Fact's Role
32kd.
[Amendment: 5776]
(a)Upon revocation of the power of attorney or its lapse, the attorney-in-fact is obligated – and upon the attorney-in-fact's death, the attorney-in-fact's heirs are obligated – to deliver to the donor or to the person designated by the court the donor's assets that are in the attorney-in-fact's possession, together with the documents pertaining to those assets.
(b)In the event of the donor's death, the attorney-in-fact for property matters shall be authorized, unless the donor has stipulated otherwise, and for as long as there is no other party who has been duly authorized to handle 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 donor's funds, ongoing payments for services rendered to the donor or connected with the donor's property during the period in which the power of attorney was in force;
(2)to pay, from the donor'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 directions given by the donor in connection therewith;
(3)to manage a leased property or a business requiring ongoing management.
(c)If a need arises to carry out actions beyond those referred to in subsection (b) in order to safeguard the welfare of the donor or the donor's property, and in special circumstances in order to prevent damage to the Estate, the court may order that the attorney-in-fact for property matters shall be obligated and authorized to carry out such actions, all in accordance with the provisions and for the period that the court shall prescribe.
Application of the Agency Law
32ke.
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.
Status of Agency under a Continuing Power of Attorney
32kf.
[Amendment: 5776]
Notwithstanding the provisions of the Agency Law and the provisions of any law, an agency under a continuing power of attorney shall not terminate solely because the donor has ceased to have legal capacity.
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