An enduring power of attorney (ייפוי כוח מתמשך) takes effect when the appointor can no longer understand the matter it covers and decide about it, as established in the way the document sets out or, by default, by a medical opinion. The attorney-in-fact activates it by informing the people named by law and in the document and filing a declaration with the Administrator General, and may act only after the Administrator General confirms it (Legal Capacity and Guardianship Law, 1962, sections 32י and 32יט(opens in a new tab), Hebrew).
When does it take effect?
The appointor may set how loss of understanding is established, for example by a joint decision of the attorneys-in-fact and family members, or by an event such as psychiatric hospitalisation (entry into force(opens in a new tab), Hebrew). It cannot rest on the attorney-in-fact's decision alone. If no method is set, a medical opinion is required.
Who files the declaration, and how?
The attorney-in-fact files it online through Legal Capacity Online(opens in a new tab) after government identification, or in person by prior appointment. On the declaration form(opens in a new tab) (Hebrew) they mark the matters to activate. Where there are several attorneys-in-fact, each files, or one files with the others' forms.
Before filing, they inform the appointor, the relative the appointor lives with or the manager of their care facility, and anyone named in the document, including the informed person.
What happens after filing?
The Administrator General sends a confirmation or rejection and notifies the appointor and the informed person. The attorney-in-fact presents the confirmed document, for example to financial or medical bodies (Kol Zchut(opens in a new tab), Hebrew), and a body shown it may ask the Administrator General to confirm it (regulation 16(opens in a new tab)).
What may the attorney-in-fact do, and what not?
The attorney-in-fact acts only within the document, explains the role in plain language, hears the appointor and supports their independence (sections 32ח and 32ט(opens in a new tab)). They follow advance directives or, without them, the appointor's ascertainable wishes. As a rule, in a material personal or medical matter they do not act against the appointor's objection at the time. Entry into force does not by itself remove legal capacity. Reports go to the informed person as the appointor set, and to the Administrator General only if the appointor so provided (section 32טז(opens in a new tab)).
- Never: changing religion, voting, consenting to adoption, making a will or naming beneficiaries (section 32ו(opens in a new tab)).
- Only with express authority: non-customary gifts, donations, loans and pension product actions, with exceptions.
- Prior approval: transferring or mortgaging an apartment, most real estate transactions, waiving an inheritance share, guarantees, and acts above values set in the law. The request goes to the Administrator General(opens in a new tab); if it is not approved, or the appointor objects, it can go to the court (section 74א(opens in a new tab)).
What if there is disagreement or concern?
- The appointor, a relative, a close friend, the attorney-in-fact or the Attorney General may ask the court for instructions (section 32כז(opens in a new tab)).
- The court may limit the powers, set conditions or, to prevent substantial harm, appoint an additional guardian.
- The court may cancel it, for instance for improper conduct causing substantial harm, or fraud or pressure, after considering less restrictive options and hearing the appointor (section 32כט(opens in a new tab)).
- The law provides for a complaints mechanism at the Administrator General (section 32לה(opens in a new tab)).
How does it end?
It expires, among other grounds, on the death of the appointor or the attorney-in-fact, a condition in the document, or the attorney-in-fact's written resignation (section 32כב(opens in a new tab)). The appointor may revoke it by written notice to the attorney-in-fact. If the document says it stays in force despite a later revocation request made without capacity, that request does not end it, and the court may decide (revocation or expiry(opens in a new tab), Hebrew).
How is this different from guardianship?
- A court appoints a guardian; the appointor chose the attorney-in-fact, and activation needs no court proceedings.
- A court will not appoint a guardian in matters covered by a deposited enduring power of attorney, except as an additional guardian or after cancellation (section 33א(opens in a new tab)).
Official sources (Hebrew): Entry into force(opens in a new tab), Revocation or expiry(opens in a new tab), Approval of financial actions(opens in a new tab), Legal Capacity Online(opens in a new tab), Legal Capacity and Guardianship Law(opens in a new tab), Regulations(opens in a new tab).
The information on this page is general information and is not legal advice.