is one of the most consequential decisions in long-term legal planning. Under Section 32i of the Legal Capacity and Guardianship Law (1962), the designated person manages the grantor's financial assets, personal care, and medical decisions upon loss of capacity. The Law prohibits appointing the attorney who drafted the LPA, or the owner or paid employee of a care facility where the grantor resides. The Law Office of Adv. & CPA Shoshi Arbib assists clients in evaluating candidates and defining appropriate scope limitations in the LPA document.
What Is the Most Important Decision When Drafting an LPA?
The person you appoint as attorney-in-fact (Meyupeh Koach) under your Lasting Power of Attorney will have extraordinary authority over your life, assets, and healthcare decisions if you lose capacity. Choosing the wrong person — or failing to build in adequate safeguards — can have serious consequences.
Who Can Be Appointed
Any adult over 18 who is not legally restricted from serving can be appointed as attorney-in-fact. They cannot be: the LPA drafter (the authorised attorney who helped prepare the document), an owner or operator of a residential care facility where you reside, or a professional who is paid to provide care services to you. These restrictions prevent conflicts of interest.
Building in Safeguards
- Appoint a supervisor: The LPA can designate a second person (Memuneh) to supervise the attorney-in-fact — receiving periodic reports and being authorised to raise concerns with the General Guardian's office.
- Restrict the scope: An LPA can limit the attorney-in-fact's authority to specific areas (e.g., financial matters only, not healthcare).
- Require consent: Certain major decisions can be conditioned on the approval of another family member or the General Guardian.
Can I appoint two people as my attorney-in-fact in Israel?
Yes — Israeli law permits appointing multiple attorneys-in-fact who act together (jointly) or independently (severally). Joint authority requires both to agree on every decision, providing a check but potentially creating deadlock. Several authority allows each to act independently, which is faster but provides less oversight. A common arrangement is to require joint decisions only for major transactions while allowing each to act alone for routine matters.
Who Can Be Appointed?
Any adult over 18 who is not legally restricted from serving can be appointed as attorney-in-fact. They cannot be: the LPA drafter (the authorised attorney who helped prepare the document), an owner or operator of a residential care facility where you reside, or a professional who is paid to provide care services to you. These restrictions prevent conflicts of interest.
Official References: Israel Ministry of Justice — POA · Israel Ministry of Justice · National Insurance Institute of Israel · Israeli Courts Administration · Israel Land Authority
Steps to Prepare a Lasting Power of Attorney in Israel
- Consult and choose an attorney-in-fact — Select a trusted person to make personal and/or financial decisions, and define the scope of their authority.
- Draft the document — Work with a qualified attorney to prepare the Lasting Power of Attorney, specifying the scope of authority and triggering conditions.
- Authenticate — Have the document authenticated by an attorney, physician, or clinical social worker as required under the Legal Capacity and Guardianship Law (Amendment 18).
- Deposit with the Guardianship Unit — Lodge the document with the Ministry of Justice Guardianship Unit for official registration and tracking.
Shoshi Arbib Law Office — Attorney | CPA | Mediator, Netanya, Israel.
