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Law

Legal Capacity and Guardianship Law, 5722-1962

חוק הכשרות המשפטית והאפוטרופסות

Section E: Court Powers in Connection with an Enduring Power of Attorney

Giving Instructions and Approving Actions

32kg.

[Amendment: 5776]

(a)The court may, on its own initiative or upon application by any of those listed in subsection (b), give instructions on any matter concerning the exercise of an attorney-in-fact's powers; the court may also, upon application by an attorney-in-fact, approve an action the attorney-in-fact has taken in such a matter, provided that the donor has not given advance directives to the attorney-in-fact on those matters; where the donor has given advance directives to the attorney-in-fact on any such matter, the provisions of Section 32la(f) shall apply.

(b)An application for instructions under subsection (a) may be filed by the donor, a relative or close friend of the donor, an attorney-in-fact, or the Attorney General or their representative.

(c)The court shall give instructions as referred to in this section in accordance with the provisions of Section 32i.

Restriction of Matters and Appointment of an Additional Guardian alongside an Attorney

32kh.

[Amendment: 5776]

(a)The court may restrict the matters in the power of attorney with respect to which an attorney is authorized to act, or may set conditions on the attorney's actions, as a condition for the continuation of the attorney's activity, if it finds that in the absence of such restrictions and conditions the donor will suffer substantial harm, or if it is satisfied that the attorney is not acting in accordance with the provisions of Section 32i and that this is justified in the circumstances of the matter; where the court has restricted the matters with respect to which the attorney is authorized to act, it may appoint the substitute attorney designated by the donor; where the donor has not designated a substitute attorney 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 alongside an attorney, upon fulfillment of the conditions set out in Section 33a, with respect to matters included in the power of attorney, if it finds that in the absence of such an appointment the donor will suffer substantial harm; where the court has appointed an additional guardian alongside the attorney pursuant to this subsection, the provisions of Section 46 shall apply with respect to the actions of the attorney and the guardian in those matters.

(c)

(1)Where a person who is the guardian of a relative, including a de facto guardian within the meaning of Section 67, has specified in a duly probated will the name of the person whom he requests to be appointed as guardian for his relative with respect to property that he is bequeathing, the court shall appoint the person named in the will as guardian with respect to that property, provided that it finds the conditions for the appointment of a guardian under Sections 33 and 33a to be fulfilled, and shall direct that person to act in accordance with the instructions set out in the will, if any were set out, all unless the court finds that in order to protect the rights and interests of the person it is necessary to depart from the provisions of the will.

(2)Where the court has appointed a guardian as provided in paragraph (1) in addition to the attorney, the guardian and the attorney shall act, to the extent possible, in cooperation, and where the court has determined that the guardianship over the said property shall apply jointly with the attorney — the provisions of Section 46 shall apply.

(3)Nothing in the provisions of this subsection shall derogate from the provisions of the Inheritance Law, 5725–1965.

Revocation of a Continuing Power of Attorney by the Court

32ki.

[Amendment: 5776]

(a)The court may revoke a continuing power of attorney or an appointment made thereunder, upon the occurrence of one of the following:

(1)The attorney is not exercising the powers conferred by the power of attorney properly and as a result the donor is suffering substantial harm, or the attorney is not acting in accordance with the donor's wishes as provided in Section 32i;

(2)The power of attorney was granted as a result of fraud, exploitation, or the exercise of pressure or undue influence on the donor, or it was granted at a time when the donor lacked capacity;

(3)The court finds that in order to protect the donor's affairs the power of attorney is insufficient and a guardian must be appointed to attend to his affairs, in whole or in part.

(b)An application for the revocation of a continuing power of attorney by the court under this section, as well as an application for the restriction of a continuing power of attorney or for the appointment of an additional guardian alongside an attorney under Section 32כח, may be submitted by the Attorney General or his representative, the donor, a relative of the donor, or a close friend of the donor; and the court may revoke a continuing power of attorney under this section on its own initiative as well.

(c)The court shall not revoke a continuing power of attorney unless it finds that it is not possible to achieve the result for which the revocation is intended by means of restricting the power of attorney, imposing conditions thereon, appointing an additional guardian alongside the attorney subject to the provisions of Section 33a, or by any other means within its authority that constitutes a less restrictive intervention in the power of attorney.

(d)Where several attorneys have been appointed under a single 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 the revocation of a continuing power of attorney or an appointment made thereunder under this section are fulfilled, the court may appoint a guardian for the donor upon fulfillment of the conditions enumerated in Section 33a and in accordance with the provisions of Chapter Four; where the court has revoked a power of attorney pursuant to subsection (a)(3), it shall give priority to the appointment of the attorney as guardian, insofar as the attorney is suitable for such appointment.

(f)Where the donor gave advance directives to an attorney under a continuing power of attorney that has been revoked, and the court has appointed a guardian in respect of the same matters, the court shall determine that the content of the advance directives shall serve as instructions for the action of the guardian it has appointed, unless it finds that in order to prevent substantial harm to the donor it is necessary to depart from them.

Hearing the Donor

32l.

[Amendment: 5776]

Before the court decides on the restriction of matters or the imposition of conditions in which an attorney-in-fact is authorised to act, or on the appointment of an additional guardian alongside an attorney-in-fact, pursuant to Section 32kh, or on the revocation of a power of attorney and the appointment of a guardian in place of the attorney-in-fact, pursuant to Section 32kt, the court shall hear the donor, unless it has determined, for reasons that shall be recorded, that it is not possible to ascertain the donor's view on the matter.

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Section F: Advance Directives to an Attorney-in-Fact

Giving Advance Directives to an Attorney-in-Fact

32la.

[Amendment: 5776]

(a)A donor may, in a durable power of attorney, give advance directives to the attorney-in-fact, in which the donor shall specify his wishes regarding future decisions to be made on his behalf or actions to be taken on his behalf by the attorney-in-fact in matters included in the power of attorney.

(b)Where the need arises to make a decision or take an action on behalf of the donor in connection with which an advance directive was given, 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 presumed intent as inferred from the advance directive and the circumstances of the matter; where an advance directive is impossible to fulfill but can be fulfilled with modifications that do not alter its essential nature (in this Section – substantial compliance), the attorney-in-fact may fulfill it by way of substantial compliance.

(c)Notwithstanding the provisions of subsection (b), the attorney-in-fact shall be exempt from acting in accordance with an advance directive where any one of the following applies:

(1)Making the decision or taking the action is impossible, even by way of substantial compliance, or involves a financial expenditure that the donor is unable to incur, having regard to the extent of the donor's assets and his personal needs in the present and those expected in the future;

(2)Making the decision or taking 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 the donor is, at that time, capable of understanding the matter in respect of which the directive was given and the significance of the decision or action, and expresses a wish to deviate from the directive;

(2)in a material personal matter or a material medical matter, if the donor objects at the time of the act to fulfillment of the directive, even after the attorney-in-fact has attempted to reach agreement with the donor.

(e)Where an attorney-in-fact has been authorized to act in a particular matter in respect of which an advance directive was given, and the conditions set out in subsection (c) or (d) that exempt the attorney-in-fact from acting pursuant to the advance directive have been 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 matter.

(f)An attorney-in-fact may apply to the court for directions in connection with an advance directive that presents difficulty in execution, or for an application to act pursuant to an advance directive to which the donor objects, in order for the court to determine whether the provisions of subsection (c) or (d) apply thereto.

Validity of Advance Directives

32lb.

[Amendment: 5776]

Advance directives shall remain in force for as long as they have not been revoked by the person who gave them in accordance with the provisions of Section 32k, mutatis mutandis, unless the court has determined that, in view of the circumstances referred to in Section 32la, there is no basis for acting in accordance with them.

Non-Application

32lc.

The provisions of this Division shall not apply to the giving of advance directives to an attorney-in-fact in connection with medical treatment of a terminally ill patient, within the meaning of such directives under the Dying Patient Act, 5766–2005.

Record-Keeping and Account Management

32ld.

[Amendment: 5776]

(a)An attorney-in-fact shall maintain documentation of material decisions made on behalf of the donor and of actions taken in the donor's affairs, and shall likewise retain the expert opinion concerning the entry into force.

(b)The Minister may prescribe provisions with respect to this section, including provisions concerning the periods for retaining documentation in accordance with the categories of documents that the Minister shall prescribe.

(c)The Minister may prescribe provisions with respect to the management of the donor's accounts by the attorney-in-fact.

Complaints Review Mechanism

32le.

[Amendment: 5776]

(a)A mechanism for the review of complaints regarding the performance of their duties by attorneys-in-fact acting pursuant to durable powers of attorney that have come into effect shall be established within the Office of the General Guardian (in this Law – complaints review mechanism).

(b)The General Guardian shall appoint a complaints review officer as referred to in subsection (a), who shall be responsible for receiving and reviewing complaints pursuant to this Chapter (in this Law – the complaints officer); the complaints officer shall be a State employee and notice of his appointment shall be published in the Official Gazette.

(c)The donor, a relative of the donor, or any other person who believes that the attorney-in-fact is acting contrary to the provisions of this Law or is harming the rights or interests of the donor, may submit a complaint to the complaints review mechanism.

(d)The complaints review mechanism shall include accessibility accommodations in accordance with the provisions of the Equal Rights for Persons with Disabilities Law.

(e)The complaints officer shall not review a complaint that is —

(1)a complaint concerning a matter pending before the court or in respect of which the court has ruled on the merits;

(2)a vexatious or frivolous complaint on its face, or one that deals with trivial matters;

(3)a complaint concerning a matter in respect of which a complaint has already been submitted to the complaints officer or to another authority competent to review it, and such complaint has been reviewed and decided on the merits, and there is no justification in the circumstances of the matter to re-examine it.

(f)For the purpose of reviewing a complaint, the complaints officer shall have the powers vested in the Public Complaints Commissioner pursuant to Section 41(d) of the State Comptroller Law, 5718–1958 [Consolidated Version], and may, for such purpose, be assisted by an inspector appointed pursuant to Section 67c, who shall have the powers set out in that Section, with the necessary modifications.

(g)The complaints officer may bring the results of the complaint review before a competent authority for the purpose of its considering whether to take such measures as it deems necessary to safeguard the interests of the donor, all in accordance with procedures determined by the General Guardian; where the complaint review raises a suspicion that a criminal offence has been committed, the complaints officer shall bring the matter to the attention of the Israel Police.

(h)The results of the complaint review shall be conveyed to the complainant, and where a complaint is found to be justified in whole or in part, the complaints officer shall also transmit the results of the complaint review to the notified person, provided that the matter relates to matters in respect of which the duty of reporting as referred to in Section 32טז applies, all while preserving the privacy of the donor and of any other person.

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Chapter III: Appointed Guardians

When a Guardian Shall Be Appointed

33.

[Amendment: 1983]

(a)The court may appoint a guardian –

(1)for a minor both of whose parents have died or have been declared legally incompetent, or from whom guardianship over the minor has been removed pursuant to Section 27 or restricted pursuant to Section 29, or who are incapable of fulfilling their duties toward the minor under Chapter II, or who refrain, without reasonable cause, from fulfilling all or part of those duties;

(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, permanently or temporarily, to attend to all or part of his affairs, and there is no one who is authorized and willing to attend to them in his stead;

(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 that person's spouse or relative, or by the Attorney General or his representative.

Court's Discretion in Appointing a Guardian for an Adult

33a.

[Amendment: 2016]

(a)The court shall not appoint a guardian for an adult pursuant to Section 33(a)(4) unless it has found that all of the following conditions are met:

(1)without an appointment, the rights, interests or needs of the person are liable to be harmed;

(2)no enduring power of attorney executed by the person in the matters for which the appointment is sought has been deposited with the General Guardian;

(3)the purpose for which the appointment of a guardian is required cannot be achieved, and the person's wellbeing cannot be preserved, by means that restrict his rights, liberty and independence to a lesser extent, after examining the alternatives in the circumstances of the case, including the possibility of appointing a supporter of decision-making pursuant to Section 67b.

(b)In addition to what is stated in 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 with them, except in special circumstances and after being satisfied that there is no one who is willing and able to assist him in attending to his affairs without being appointed as a guardian; if the court has appointed a guardian for such a person, it shall issue instructions regarding the functions and powers of the guardian, having regard to the provisions of subsections (e) and (f), provided that the guardian shall not be authorized to make a decision on behalf of the person contrary to that person's will.

(c)

(1)Notwithstanding the provisions of subsection (a), the court shall not appoint a guardian for an adult pursuant to Section 33(a)(4) who has deposited an enduring power of attorney with the General Guardian as referred to in subsection (a)(2), unless the conditions for the appointment of an additional guardian alongside the attorney-in-fact pursuant to Section 32kh(b) are met, or the power of attorney or an appointment made thereunder has been revoked pursuant to Section 32kt.

(2)If the court has 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 instruct the guardian it has appointed to act in accordance with those directives or to observe them as closely as possible as referred to in Section 32la, unless one of the conditions enumerated in subsections (c) through (d) of that Section is met.

(d)A court appointing a guardian for an adult pursuant to Section 33(a)(4) shall specify in its decision one or more of the following matters to be entrusted to the guardian:

(1)a specific matter or specific matters as determined by the court;

(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 pursuant to this Section, it shall limit, to the extent possible, the matters entrusted to the guardian if the purpose for which the guardian was appointed can be achieved and the person's wellbeing can be preserved without determining additional matters.

(f)When the court comes to determine the term of appointment of a guardian appointed pursuant to this Section, it shall consider limiting the term if the purpose for which the guardian was appointed can be achieved within a shorter period.

(g)The court may, in the appointment order, issue instructions regarding the guardian's actions and may prescribe conditions and limitations with respect to such actions.

(h)In its reasons for the appointment, the court shall address the considerations it weighed in appointing the guardian pursuant to this Section, including with respect to the term of the appointment.

Application by an Attorney-in-Fact to Be Appointed as Guardian

33b.

[Amendment: 2016]

A person who has been granted a power of attorney that is not a continuing power of attorney, which was in force until the time at which the grantor ceased to be capable of understanding the matter, may apply to the court and request to be appointed as guardian for the person in respect of the matter for which the power of attorney was granted; and the court may appoint such person if it finds that there is a need to appoint a guardian pursuant to Section 33a in respect of those matters and that it is in the best interest of the grantor to appoint that attorney-in-fact as guardian for those matters, provided that the grantor has not granted, in respect of that matter, a continuing power of attorney or prior directives as referred to in Section 32la in which the grantor requested the appointment of another person as guardian.

Who May Serve as Guardian

34.

[Amendment: 2002, 2016]

(a)Any one 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 with respect to Holocaust victims, whose composition shall be:

(1)a representative of the Ministry of Health;

(2)a representative of a body dealing with the affairs of Holocaust victims.

If the court has appointed a corporation to serve as guardian, it may designate an individual to perform the guardian's functions 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 professional guardians to be appointed as guardians, including with respect to their eligibility requirements and training, as well as with respect to the maximum number of persons who may have the same guardian; for this purpose, "professional guardian" means a person who has been appointed guardian for at least three persons who are not his relatives.

Priority in Selection of Guardian

35.

[Amendment: 2004, 2016]

(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 welfare, taking into account the person's wishes.

(b)In appointing a guardian for a minor pursuant to Section 33(a)(1), the court shall give priority to a suitable person who is a family member of the minor, unless it finds that in the circumstances of the matter it would be in the best interest of the minor to appoint a guardian who is not a family member; in this sub-section, "family member" means a brother, sister, grandparent, uncle or aunt, or a spouse or partner of a parent.

Giving Prior Directives for the Purpose of Appointing a Guardian

35a.

[Amendment: 2016, 2017]

(a)An adult who has legal capacity may give prior directives for the purpose of appointing a guardian (in this Section – prior directives), in which the person shall specify the name of one or more individuals or corporations whom the person requests to be appointed as guardian if the conditions set out in Section 33a are met; the person may also give prior directives specifying the person's wishes regarding future decisions to be made in the person's name or actions to be taken in the person's name by the guardian who will be appointed, whether or not the person has specified the name of the person requested to be appointed as guardian; for this purpose, "person with legal capacity" means a person who is capable of understanding the meaning of giving prior directives for the purpose of appointing a guardian, their purposes and their consequences.

(b)Prior directives pursuant to this Section shall be drawn up in writing in accordance with a form to be prescribed by Regulations and shall be signed before a lawyer; a prior directives form that relates also to medical matters shall be prescribed with the consent of the Minister of Health.

(c)Prior directives pursuant to this Section shall be deposited with the General Guardian; the deposit shall be made by delivering an original copy of the directives by the grantor personally or by the lawyer before whom they were drawn up; the deposit of the prior directives is a prerequisite for their entry into force.

(d)Notwithstanding the provisions of Section 35, if a person has given prior directives and the court finds that a guardian should be appointed for the person pursuant to Section 33a, the court shall appoint as guardian the person whose name is specified in the directives as guardian and shall instruct the guardian to act in accordance with the prior directives, unless the circumstances set out in Section 32la(c) or (d) are present, or unless the court is of the opinion that the appointment of the person named as guardian or the implementation of the prior directives would cause significant harm to the person.

(e)The provisions of Sections 32yg, 32yd, 32yh, 32yz, 32ykh, 32ykj, 32ykb, 32ykc(1) and (2), 32ykd, 32yla, 32ylb and 32ylg shall apply to prior directives pursuant to this Section, with the necessary modifications.

(f)Nothing in the provisions of this Section shall derogate from the provisions of Section 67f.

Hearing the Person by the Court

36.

[Amendment: 2016]

Before appointing a guardian, the court shall hear the opinion of the person if the person is capable of understanding the matter and it is possible to ascertain the person's opinion.

Consent of the Guardian

37.

No person shall be appointed as guardian unless that person has expressed consent to the court.

Duties of a Guardian of a Minor or Legally Incompetent Person

38.

A guardian of a minor is obligated to attend to the minor's needs, including education, studies, vocational training and employment, and is likewise obligated to safeguard, manage and develop the minor's assets; the guardian is entitled to have custody of the minor and to determine the minor's place of residence, and is empowered to represent the minor; all of the above unless the court has limited the guardian's functions. The same applies, with the necessary modifications, to a guardian of a person declared legally incompetent.

Duties of Other Guardians

39.

[Amendment: 2016]

(a)A guardian who is not the guardian of a minor or of a person declared legally incompetent is obligated to attend to the matters entrusted to the guardian by the court, and to act to safeguard the rights, interests and needs of the person and to make decisions in connection therewith, all in accordance with the provisions of Chapter IIIa.

(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 provisions regarding the responsibilities and duties of a guardian as referred to in sub-section (a), which shall apply if the court has not given different instructions at the time of appointment or thereafter, and regarding the qualifications of officeholders in a corporation appointed as guardian; such provisions may be prescribed in accordance with types of guardianship, and the Minister may prescribe provisions regarding guardians that are corporations, the scope of their activities and officeholders therein, and regarding professional guardians as defined in Section 34.

Exemption from Maintenance Obligations

40.

[Amendment: 2016]

The appointment of a person as guardian shall not impose upon that person an obligation to pay maintenance for the person of whom the appointee is guardian.

41.

[Amendment: 2016]

[(Repealed).]

42.

[Amendment: 2016]

[(Repealed).]

43.

[Amendment: 2016]

[(Repealed).]

Court Instructions

44.

[Amendment: 2016]

The court may, at any time, upon application by the person for whom a guardian has been appointed, the guardian, the Attorney General or the Attorney General's representative, or an interested party, and also on its own initiative, give instructions to the guardian regarding any matter pertaining to the performance of the guardian's functions; the court may likewise, upon application by the guardian, approve an action performed by the guardian.

Appointment of Multiple Guardians

45.

[Amendment: 2016]

The court may, if it finds special reason to do so, appoint more than one guardian for a person; having done so, the court shall decide whether to impose the guardianship functions on the guardians jointly or to divide them among the guardians.

Rules Governing Joint Guardians

46.

[Amendment: 2016]

Where the court has imposed guardianship functions jointly on two or more guardians, the following provisions shall apply unless the court directs otherwise:

(1)The guardians must act by agreement; on a matter where their opinions differ, they shall act as decided by the court;

(2)An action by one or some of the guardians requires the consent of the others or prior or retrospective approval by the court;

(3)In a matter that will not brook delay, any one of the guardians may act on his own discretion;

(4)The guardians shall be jointly and severally liable to the person;

(5)If the position of one of the guardians falls vacant or if a guardian ceases to act, temporarily or permanently, the others are obligated to notify the court immediately thereof, and they are obligated and empowered to continue in their functions until the court determines otherwise.

Powers of the Guardian and Obtaining Approval for Performing Actions

47.

[Amendment: 1970, 2016, 2024-2]

(a)The guardian is authorized to do all that is necessary to fulfill his functions; with respect to the actions listed below, he is not authorized to represent the person under his guardianship without prior approval having been granted in accordance with the provisions of Section 74a:

(1)transfer, encumbrance, partition or liquidation of an agricultural, industrial, craft or commercial business unit, or of an apartment;

(2)a transaction in Real Property, except for the leasing 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 encumbrance of a right to acquire a right in Real Property;

(4)a lease to which the provisions of the Tenant Protection Law [Consolidated Version], 5732–1972, apply;

(5)renunciation of a share or portion of an Estate, or the transfer or encumbrance of a share or portion of an Estate;

(5a)making a donation in an amount exceeding the amount specified in the advance directives pursuant to Section 35a (in this Section – advance directives), or in an amount exceeding 100,000 New Israeli Shekels in the aggregate, whichever is lower, and all provided that express authorization has been given in the advance directives;

(5b)making a gift that is not customary in the circumstances of the case, and if express authorization has been given in the advance directives – in an amount exceeding the amount specified in the advance directives or in an amount exceeding 100,000 New Israeli Shekels in the aggregate, whichever is lower;

(5c)another legal act, including several acts connected to a single transaction, whose aggregate value exceeds 100,000 New Israeli Shekels, unless express authorization has been given in the advance directives; if express authorization as aforesaid has been given, a legal act as aforesaid whose value exceeds 500,000 New Israeli Shekels shall be brought for court approval;

(5d)withdrawal of funds from a provident fund in contravention of directives pursuant to Section 23 of the Supervision of Financial Services (Provident Funds) Law, 5765–2005, as defined in Section 87(a)(2) of the Income Tax Ordinance, their transfer to another, their encumbrance or their attachment pursuant to Section 25 of that Law;

(5e)giving a guarantee or making a loan; and if express authorization has been given for making a loan – in an amount exceeding the amount specified in the advance directives or in an amount exceeding 100,000 New Israeli Shekels, whichever is lower;

(5f)an undertaking to perform an action from among the actions listed in paragraphs (1) through (5e);

(6)any other action that the court has determined, in the appointment order or thereafter, to require approval as aforesaid.

(b)Where there is urgency in performing an action in order to safeguard a person's affairs, the guardian may, in special cases, apply for retroactive 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 categories of the person's assets, categories of actions in the person's assets, or other circumstances, in connection with which a guardian shall be authorized to represent the person under his guardianship without approval pursuant to the provisions of subsection (a) being required.

Management of a Payment Account by a Guardian

47a.

[Amendment: 2026]

(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 the guardian's functions, open or manage a payment account of the person of whom the guardian is the guardian, and may also use payment instruments, cheques and direct debit authorisations, including online means, on behalf of that person.

(b)Where a guardian applies to a payment service provider for one or more of the services referred to in sub-section (a), the service provider shall not refuse the request and shall not condition the provision of the service on unreasonable conditions in the circumstances of the matter, solely because it concerns a 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 defined in the Payment Services Law, 5779–2019.

Actions Involving a Conflict of Interests

48.

[Amendment: 2016]

In a legal transaction between the person and the guardian appointed for the person or the guardian's relatives, except for gifts given to that person, and in a legal transaction between two persons who have been appointed the same guardian, the guardian is not empowered to represent a person of whom the guardian has been appointed guardian, without the court or another guardian appointed for this purpose having approved them in advance.

Protection of Third Parties

49.

An action by a guardian that requires consent or approval pursuant to Section 46(2) and Section 47(6) shall be valid even in the absence of such consent or approval if it was performed vis-à-vis a person who did not know and was not required to know that it required consent or approval.

Investments

50.

[Amendment: 2016]

Monies of the person for whom a guardian has been appointed, to the extent that they are not required for that person's current needs, the guardian is obligated to hold or invest as required for the preservation of the principal and the securing of income in one of the manners prescribed by the Minister of Justice by Regulations or in the manner directed by the court.

Inventory

51.

[Amendment: 1985, 2016]

The guardian is obligated to submit to the General Guardian, within thirty days of the date of the guardian's appointment, an inventory of the assets of the person of whom the guardian is the guardian, including the person's liabilities, unless the General Guardian has, in accordance with procedures established by the General Guardian, exempted the guardian from this obligation or has set a different date for submission of the inventory.

Instructions Regarding Valuation

52.

[Amendment: 1985, 2016]

The court may direct –

(1)that the guardian submit to the General Guardian, at a time fixed by the court, a valuation of the assets of the person of whom the guardian is the guardian, drawn up as of a date fixed by the court;

(2)that the said valuation be prepared by an appraiser or by another person as determined by the court.

Accounts, Reports and Provision of Information

53.

[Amendment: 1985, 2016]

The guardian is obligated, in all matters of the guardianship, to keep accounts, to submit reports to the General Guardian as directed, but no less than once a year and upon conclusion of the guardian's functions or upon expiry of the guardianship, and to furnish the General Guardian with full information upon demand, unless the General Guardian has, in accordance with procedures established by the General Guardian, exempted the guardian 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 maintain.

Examination of Reports

54.

[Amendment: 1985, 2016]

The Minister of Justice may, with the approval of the Constitution, Law and Justice Committee of the Knesset, make Regulations regarding the manner of submitting the inventory and reports and the manner of their examination, including their submission online with respect to corporations and professional guardians as defined in Section 34 by the General Guardian, and may prescribe categories of reports from which the General Guardian is exempt from examining, subject to conditions to be prescribed.

Guardian's Expenses

55.

[Amendment: 2016]

Reasonable expenses incurred by the guardian in the performance of the guardian's functions shall be borne by the person of whom the guardian is the guardian, and the guardian is entitled to reimburse such expenses from the assets of that person.

Guardian's Remuneration

56.

[Amendment: 1983, 2016, 2024-2]

(a)The remuneration of a guardian shall be determined by the court if it finds 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; guardian's remuneration determined by the court or approved as aforesaid shall be borne by the person for whom a guardian has been appointed, and the guardian is entitled to 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.

Guardian's Liability

57.

[Amendment: 2016]

The guardian is liable for damage caused to the person of whom the guardian is the guardian or to that person's property. The court may exempt the guardian from liability, in whole or in part, if the guardian acted in good faith and with the intention of acting in that person's best interest. The guardian bears no liability if the guardian acted in good faith in accordance with the instructions of the court or received the court's approval, whether in advance or retrospectively.

Security

58.

The court may, before or after the appointment of a guardian, require that the guardian pledge assets or furnish a guarantee to secure the performance of the guardian's functions and obligations, and the court may at any time require additional security or release security given, in whole or in part.

Enforcement of Security

59.

[Amendment: 2016]

Security pursuant to Section 58 shall be given for the benefit of the person for whom a guardian has been appointed, and the General Guardian is empowered to represent that person in all matters relating to the enforcement thereof.

Resignation of the Guardian

60.

The guardian may, by written notice to the court, resign from the guardian's functions; the resignation shall not take effect unless it has been approved by the court and from the date designated for that purpose in the approval.

Removal of the Guardian

61.

The court may remove a guardian if the guardian has not duly performed the guardian's functions or if the court finds other cause for removal.

Expiry of Guardianship

62.

[Amendment: 2016]

Guardianship over a minor expires upon the minor reaching adulthood; over a person declared legally incompetent – upon revocation of the declaration of incompetency by the court; over a person who is neither a minor nor a person declared legally incompetent – if the court determines that the grounds for guardianship have ceased or that its purpose has been achieved; the expiry of such guardianship takes effect from the date designated therefor by the court; guardianship over any person expires upon that person's death.

Termination of the Guardian's Functions

63.

[Amendment: 1983, 2016]

(a)Upon the guardian's resignation or dismissal and upon the expiration of the guardianship, the guardian – and upon his death, his heirs – shall be obligated to deliver to the person for whom a guardian has been appointed, or to whomever the court has designated, the assets of the person under guardianship that are in the guardian's possession or under his supervision, together with the documents pertaining to those assets.

(b)Notwithstanding the expiration of the guardianship, a guardian for property matters shall be authorized, so long as there is no other party duly authorized 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 ongoing payments for services rendered to him or connected to his property during the period of guardianship;

(2)to collect from the person's funds the fees to which he 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 case or in accordance with instructions given by the person in this regard;

(4)to manage a rented asset belonging to the person or a business requiring ongoing management.

(c)Should the need arise to perform actions beyond those referred to in subsection (b) in order to safeguard the person's wellbeing or property, and in special circumstances – in order to prevent harm to his Estate, the court may direct that the guardian for property matters shall be obligated and authorized to perform them, all in accordance with the instructions and for the period that it shall determine.

Will or Expression-of-Wishes Document of a Minor's Parent or Relative Guardian

64.

[Amendment: 2016, 2017]

(a)A minor's parent or a guardian who is the minor's relative, including a de facto guardian as defined in Section 67, may specify in the guardian's will the name of an individual whom the guardian requests to be appointed as guardian for the guardian's child or relative after the guardian's death.

(b)A person referred to in sub-section (a) may specify in a document drawn up pursuant to the provisions of this Section (in this Chapter – expression-of-wishes document) the name of a person whom the person requests to be appointed as guardian for the person's child or relative, if due to a disability the person ceases to be capable of attending to and making decisions regarding the person's child or relative.

(c)A person referred to in sub-section (a) or (b) may give instructions on a matter from among the matters entrusted under this Law to the discretion of the court or the guardian, so that they shall be implemented by them after the person's death or if the person ceases to be capable of attending to and making decisions regarding the person's child or relative, as the case may be.

(d)An expression-of-wishes document shall be drawn up in writing and signed before a lawyer, and the provisions of Sections 32yg, 32yd, 32ykh, 32ykj(a), 32ykb(1) and 32ykd shall apply thereto, with the necessary modifications.

(e)If a person has made a will or an expression-of-wishes document pursuant to sub-sections (a) or (b), the court shall give priority to the appointment of the person named in the will or the expression-of-wishes document, as the case may be, as guardian for the minor, and shall instruct the guardian to act in accordance with the instructions set out in the will or the expression-of-wishes document, all unless the court finds that the minor's best interest warrants deviation therefrom and subject to what is stated in Section 28 with respect to the guardianship of the other parent.

Will or Expression-of-Wishes Document of a Guardian of an Adult

64a.

[Amendment: 2016, 2017]

(a)A guardian of a person who is the guardian's relative, including a de facto guardian as defined in Section 67, may specify in the guardian's will the name of an individual or corporation whom the guardian requests to be appointed as guardian for the guardian's child or relative after the guardian's death.

(b)A person referred to in sub-section (a) may specify in an expression-of-wishes document the name of an individual or corporation whom the person requests to be appointed as guardian for the person's child or relative, if the person ceases to be capable of attending to and making decisions regarding the person's child or relative.

(e)Before the court appoints a guardian for a person or gives prior directives, it shall hear the person in accordance with Section 36.

(f)If a person has made a will or an expression-of-wishes document pursuant to sub-sections (a) or (b), the court shall appoint as guardian the person named in the will or the expression-of-wishes document, as the case may be, if the court finds, after hearing the person in respect of whom the application was submitted 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 named in the will or the expression-of-wishes document is consistent with that person's best interest; if a person has given instructions in a will or an expression-of-wishes document as aforesaid, the court shall instruct the guardian to act in accordance therewith if it finds that doing so is consistent with the best interest of the person of whom the guardian is the guardian, provided that that person has not given different prior directives on the matter pursuant to this Law.

(g)Nothing in the provisions of this Section shall derogate from the provisions of Section 32kh(c).

The General Guardian as Guardian

65.

[Amendment: 1978, 1983, 1985]

Where the General Guardian has been appointed as guardian, the provisions of Sections 37, 50, 57, 58, 59 and 60 shall not apply.

Guardian Appointed with a Defect in Appointment

66.

An action of a guardian shall be valid even if there was a defect in the guardian's appointment, if it was performed vis-à-vis a person who did not know and was not required to know of the defect.

De Facto Guardian

67.

[Amendment: 2016]

A person who acts as guardian – the duties and liability of that person toward a person for whom a guardian has been appointed or for whom the court was entitled to appoint a guardian shall be governed by the provisions of this Chapter, even if the person was never appointed, or if there was a defect in the appointment, or if the person resigned or was removed, or if the guardianship has expired.

Committee for Guardianship Affairs for Holocaust Victims

67a.

[Amendment: 2002, 2011, 2016]

(a)The Minister of Labor and Welfare shall appoint a committee for guardianship affairs for Holocaust victims, whose composition shall be as follows:

(1)a representative of the Ministry of Labor and Welfare who is a chief social worker for procedural matters appointed pursuant to the Welfare Law (Procedures in Matters of Minors, Mentally Ill Persons and Missing Persons), 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 authorized to appoint a guardian, his guardian, his relative, the director of a hospital in which he is hospitalized, and any person treating him, may apply to the committee on any question arising in connection with the treatment of that person or regarding the need to appoint or replace 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 Supporter of Decision-Making

67b.

[Amendment: 2016]

(a)The functions of a supporter of decision-making 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 by him for the purpose of making decisions, including the possible alternatives and their implications, and to explain all of these to him in simple and clear language that is comprehensible to him, making use of any assistive means available to him and in every reasonably possible manner in the circumstances of the case;

(3)to assist the person in implementing his decisions and in exercising his rights, including assistance in expressing his decisions toward third parties, in the scope and manner to be prescribed in Regulations pursuant to subsection (f).

(b)For the purpose of performing his functions, the powers of a supporter of decision-making shall be all or some of the following:

(1)to approach any entity and receive information on behalf of the person;

(2)to assist the person in expressing his wishes and decisions toward third parties;

(3)to perform, on behalf of the person and at his request, actions for the purpose of implementing his decisions and exercising his rights, in the scope and manner to be prescribed in Regulations.

(c)A supporter of decision-making shall not make decisions on behalf of the person he is assisting.

(d)The court may appoint a supporter of decision-making for an adult who, with support, is capable of making decisions in connection with his affairs on his own.

(e)If the court has appointed a supporter of decision-making for a person, it shall specify in its decision the matters in respect of which he shall serve as supporter of decision-making, shall determine the term of appointment, and shall determine his 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 in 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 supporter of decision-making, and may also prescribe additional provisions regarding a supporter of decision-making, including on the following matters:

(1)who may be appointed as a supporter of decision-making;

(2)the training required of a supporter of decision-making;

(3)the duties, responsibility and modes of operation of a supporter of decision-making;

(4)provisions regarding circumstances that justify a review of the appointment, including examination of other alternatives;

(5)determination of the possibility for a person with capacity, as defined in Chapter 2a, to appoint a supporter of decision-making in the manner in which an enduring power of attorney is executed, and to apply in this regard the provisions applicable to an enduring power of attorney with such modifications as he shall prescribe;

(6)rules regarding the revocation and expiration of an appointment order.

(g)Nothing in the provisions of this Section shall derogate from the provisions of Section 68.

Supervisory Powers

67c.

[Amendment: 2016]

(a)The General Guardian shall authorize, from among the employees of his office, inspectors who shall be vested with all or some of the powers under this Section, for the purpose of supervising compliance with the provisions of this Chapter; notice of the authorization shall be published in the Official Gazette.

(b)No inspector shall be appointed pursuant to the provisions of subsection (a) unless all of the following conditions are met:

(1)he has not been convicted of a criminal offense or a disciplinary offense, and no indictment for such an offense has been filed against him, which by reason of its nature, gravity or circumstances renders him unfit to serve as an inspector;

(2)he 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)he meets additional eligibility conditions as directed by the General Guardian.

(c)For the purpose of supervising compliance with the provisions of this Chapter, an inspector may, after having identified himself –

(1)require any person to provide his name and address and to present before him an identity card or other official identifying document;

(2)enter any premises where entry is necessary for the performance of his functions, at any reasonable time, provided that he shall not enter premises used as a residence 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 obtained, and if it is not possible to ascertain that person's view – with the consent of the guardian, provided that the said person does not object;

(b)if the place of residence is a residential facility, an inspector may enter the residential areas after prior coordination with the manager of the premises or with the guardian, and if there is concern for the wellbeing of the person due to the manner in which the guardian is functioning – without prior coordination, and all provided that the person for whom a guardian has been appointed and those residing with him do not object to entry into the residential areas;

(3)require any person concerned to provide him with any information or document that may serve to ensure compliance with the provisions of this Chapter; in this paragraph, "document" – including a printout as defined in the Computer Law, 5755–1995.

(d)An inspector shall not exercise the powers vested in him pursuant to this Section except in the performance of his duties and when both of the following conditions are met:

(1)he is visibly wearing a tag identifying him and his position;

(2)he holds a certificate signed by the General Guardian attesting to his position and powers, which he shall present upon request.

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