Quick Answer: An ordinary power of attorney ends when the parent loses legal capacity (Agency Law 1965, Section 14). If the parent signed and deposited an enduring power of attorney while still capable, the person named in it can act without going to court. If not, the family applies to the Family Court to appoint a guardian (apotropos) under the Legal Capacity and Guardianship Law 1962. Since the 2016 amendment, guardianship is a last resort. The court appoints a guardian only if a less restrictive option, such as a supporter in decision-making, will not do, and only for the matters that need it. Children living abroad can be appointed, though it is harder when the only relative lives abroad, and a local co-guardian or representative is usually needed in practice.

For families abroad, the crisis usually starts with something practical. The bank stops accepting the parent's instructions, a hospital asks who makes decisions, or a care facility wants a signature. This guide explains which legal tool fits your situation, how a guardianship application works, and what a guardian must do afterward.

1. What is apotropos under Israeli law?

Apotropos (ืืคื•ื˜ืจื•ืคื•ืก) is a court-appointed guardian. The governing statute is the Legal Capacity and Guardianship Law 1962, substantially reformed by Amendment 18 in 2016. The amendment introduced the enduring power of attorney and supported decision-making. It also made guardianship of adults a last-resort measure.

Under Section 33(a)(4), the court may appoint a guardian for an adult who cannot, permanently or temporarily, take care of their own affairs, wholly or partly, when no one else is authorized and willing to do so. Section 33A adds that an appointment is made only if all of the following apply:

  • without it, the person's rights or needs would be harmed;
  • no enduring power of attorney covering those matters has been deposited;
  • the goal cannot be achieved in a way that restricts the person's rights, freedom and independence less, for example a supporter in decision-making.

Guardianship is supervised by the Administrator General (HaApotropos HaKlali), a unit of the Ministry of Justice. The guardian files an inventory and reports with this office, and under a recent amendment most requests for approval of significant transactions go there first (see section 7).

2. Ordinary POA, enduring POA or guardianship?

Ordinary power of attorney (yipui koach). Under Section 14(a) of the Agency Law 1965, agency ends, among other things, when the principal's legal capacity is reduced. Once a bank, the Land Registry or a lawyer has reason to think the parent no longer understands what they are signing, expect an ordinary POA to be refused.

Enduring power of attorney (yipui koach mitmasheich). This was introduced into the Legal Capacity and Guardianship Law in 2016 (Sections 32B onward). Its main features:

  • It is made by an adult who still has capacity. It can cover property matters, personal matters (including medical decisions) or both, and can name one or more attorneys.
  • It must be signed before a lawyer who has completed the special training for enduring powers of attorney and has no personal interest. If the lawyer doubts the grantor's capacity, they must refer the grantor to an expert. A POA limited to medical matters can be signed before certain health or welfare professionals instead.
  • It must be deposited with the Administrator General, and it takes effect only after deposit.
  • It takes effect when the grantor can no longer understand the matters concerned and the attorney files a declaration with the Administrator General. A property POA can be set to start earlier.
  • Built-in limits apply. Gifts and loans above NIS 100,000 need express authority, and transactions in real estate need prior approval, as they would for a guardian.

Supporter in decision-making (tomech be-kabalat hachlatot). Under Section 67B, the court can appoint a supporter for a person who can still decide with help. The supporter helps gather information, explains options and helps carry out decisions, but does not decide on the person's behalf. This suits early cognitive decline and is less intrusive than guardianship.

Court-appointed guardianship. This is for cases where none of the above is in place or sufficient. It needs a court application, a medical opinion, usually a welfare assessment, and ongoing reporting.

In Practice โ€” Act Before the Crisis: If your parent can still understand and decide, an enduring power of attorney is almost always the better route. It is private, quicker, and reflects the parent's own choice of who will act. Use a lawyer certified to witness enduring POAs, and consider covering property, personal and medical matters with an alternate attorney named. Make sure it is deposited. A parent living in Israel can also deposit advance directives for future medical and personal decisions.

From Adv. Eli Shimony's practice: When the children live abroad and the parent lives in Israel, an enduring power of attorney (yipui koach mitmasheich, introduced by Amendment 18 to the Legal Capacity and Guardianship Law) is the right mechanism and the one I prefer. A common mistake families make before they consult a lawyer is to start acting for the elderly parent, in medical matters or in property matters, without any formal appointment. That can create a complicated legal situation and can even end with the court appointing an outside guardian.

3. The scope of guardianship: property, person, or both

The court appoints a guardian only for the matters that need one, and it defines them in the order:

  • Property: bank accounts, pensions and allowances, real estate, investments and taxes.
  • Personal matters: where the person lives, care arrangements and daily welfare.
  • Medical matters: consent to treatment. The court can appoint a guardian for a specific significant treatment, and the law adds safeguards when the person objects.

Different people can be appointed for different matters. A common arrangement in diaspora families is a sibling in Israel for personal and medical matters and a sibling abroad, jointly with the local one, for property. Where no family member is suitable, the court can appoint a guardianship corporation (a nonprofit or professional body that serves as guardian) or the Administrator General.

4. Who can apply and who gets appointed

Under Section 33(b), an application may be filed by the person's spouse, a relative, or the Attorney General's representative. In practice, welfare officers bring cases through the latter. Children living abroad can apply through an Israeli lawyer acting under a power of attorney and do not need to travel for an uncontested hearing.

In choosing a guardian, the court's guide is the person's own welfare and wishes. Before appointing, the court must hear the person if they can understand the matter and express a view (Section 36). In practice, courts prefer a close family member who knows the person and can realistically carry out the role. Distance from Israel, availability, and agreement or conflict between siblings are all weighed. Joint guardians are common.

From Adv. Eli Shimony's practice: In a guardianship application, the court and the Administrator General look at two things: whether a guardian is needed at all, and who will best serve the interests of the person under guardianship. That may be one family member or another, or a professional, such as a lawyer acting on behalf of the Administrator General.

In Practice โ€” The Welfare Report: The court usually asks a social worker from the local welfare department for a report on the person's situation, family and wishes, and on whether a less restrictive option is enough. The report carries real weight. Where the person objects to the guardianship or to a significant medical treatment, the court must consider appointing a lawyer for them through state Legal Aid (Section 68A).
Advertisement

5. The application process, step by step

  1. Medical opinion. Get a recent opinion from a physician, often a geriatrician or psychiatrist. It should describe the person's condition, which decisions they can and cannot make, and the expected course.
  2. Petition to the Family Court. File it in the district where the person lives. Name the proposed guardian or guardians and the matters requested (property, personal, medical). Attach the guardian's consent and declaration and the medical opinion, and explain why an enduring POA or a supporter is not enough.
  3. Urgent interim relief if needed. Under Section 68, the court can take temporary protective measures at any time, including appointing a temporary guardian. Ask for this where a medical decision, an unpaid care facility or a frozen account cannot wait for the full process.
  4. Welfare report and the person's position. The court obtains a welfare officer's report and the Attorney General's representative's position, and hears the person where possible.
  5. Hearing and order. Uncontested applications are often decided on the papers or after a short hearing. Disputes between siblings, or objection by the person, lengthen the process considerably.
  6. After the order. Within 30 days, the guardian of property files an inventory of the person's assets and debts with the Administrator General (Section 51). The guardian then presents certified copies of the order to banks, the National Insurance Institute, the health fund and, for real estate, the Land Registry.

From Adv. Eli Shimony's practice: What usually delays an application is missing supporting medical documents, and disagreement between family members over who should be appointed and for which matters. Those disagreements are mostly about property. When a relative lives abroad, that adds to the internal family disputes. If the relative abroad is the only one, there is a real difficulty in having a guardian appointed who lives outside Israel, although some have succeeded.

6. Managing guardianship from abroad

  • Local presence. A non-resident can be appointed, but someone in Israel has to deal with banks, care providers and emergencies. A local co-guardian, or a lawyer or care manager acting on your instructions, is the usual solution.
  • Banks. Expect each bank to review the order before granting access, and plan for an initial in-person or representative visit. Ask the bank in advance what it needs, to avoid repeat trips.
  • Foreign documents. A power of attorney or guardianship order from another country does not automatically work for Israeli assets of a parent who has lost capacity. Ask an Israeli lawyer early whether an Israeli enduring POA or an Israeli order is needed.
  • Moving money abroad. A guardian manages the person's money for the person's benefit. Transferring funds to family members, gifts and loans need approval. Keep the person's money separate from your own.

7. Ongoing duties, court approvals and how guardianship ends

Approval for significant acts. Under Section 47, a guardian may not carry out certain acts for the person without prior approval. These include transferring or mortgaging an apartment, other real estate transactions (except leases of up to five years) and other transactions above NIS 100,000. Under Section 74A, as amended in 5784 (2023โ€“24), these requests go first to the Administrator General, who may approve them or refer them to the Family Court. A request must be referred to the court if the person objects. A decision is due within 60 days of a complete application, and if none is given the applicant may turn to the court.

Reporting. Under Section 53, the guardian keeps accounts and files reports as directed, at least once a year and at the end of the appointment. Reports go to the Administrator General with supporting bank statements. The Administrator General can raise questions, and in serious cases it can ask the court to replace the guardian.

Fees. Family guardians usually serve without a fee. A fee paid from the person's assets requires approval (Section 56). Budget for professional help with the inventory and annual reports if you are abroad.

When guardianship ends. The court can end or narrow the appointment if the person regains the ability to manage their affairs. On the person's death the guardian's authority ends. The estate then passes through an inheritance or probate order, and the guardian files a final report.

In Practice โ€” Selling a Parent's Apartment: Families often need to sell or rent out the parent's apartment to fund care. Renting it for up to five years is within a property guardian's ordinary powers. A sale needs prior approval under Section 47. Prepare the request with an appraisal and an explanation of why the sale serves the parent and how the proceeds will be used. If the parent objects, expect the request to go to the court.