90-Day Rule: Power of Attorney After Death in Israel, gov.il Steps

A continuous power of attorney in Israel protects a living person’s property, health and personal affairs, but it generally ends the moment that person dies. The one exception is a limited 90-day window that lets an agent handle urgent, estate-preserving acts if no temporary estate manager has stepped in yet. To work at all, the document must be signed with a lawyer and deposited with the General Guardian.

TL;DR:

• A continuous power of attorney automatically ends upon the principal’s death, but agents can manage urgent estate issues for up to 90 days if no estate manager is appointed.
• Proper drafting, signing before a lawyer, and deposit with the General Guardian are essential steps to ensure the document’s enforceability.
• When the principal dies, estate management shifts to inheritance law, with agents allowed only limited, urgent actions during a 90-day post-death window.
• Courts appoint temporary estate managers when heirs or assets are complex, disputed, or require active oversight before formal inheritance is settled.
• Coordinating with legal professionals is advised for cross-border assets or complex estates to prevent delays, mistakes, and personal liability.

What a continuous power of attorney covers and who needs one

A continuous power of attorney, known in Hebrew as ייפוי כוח מתמשך, lets someone choose in advance who will manage their affairs if they lose the capacity to do so themselves. It is built for incapacity planning, not for what happens after death, and it can be written to cover three separate areas of life.

• Property matters: bank accounts, real estate, investments and day-to-day bills.
• Personal affairs: housing decisions, social needs and day-to-day welfare.
• Medical decisions: treatment choices when the principal cannot communicate them.

Some actions fall outside what a continuous power of attorney can authorize automatically. Selling a family home, making large gifts or taking on new debt typically needs explicit, specific wording in the document itself, and some decisions still require court approval regardless of what the document says.

This tool is different from a will, which only takes effect after death and directs how assets pass to heirs. It also differs from a court-appointed guardian, or אפוטרופוס, which a judge assigns when no valid power of attorney exists and oversight needs to come from the court itself rather than a document the person signed while capable.

How to prepare, sign and deposit a continuous power of attorney

Setting up a valid continuous power of attorney in Israel follows a defined sequence, and skipping a step can leave the document unenforceable when a family needs it most.

1. Draft the document, specifying exactly which areas (property, personal, medical) the agent can handle and any conditions on their authority.
2. Name your agent or agents, and consider naming an alternate in case your first choice becomes unavailable.
3. Sign before a licensed lawyer, who confirms you understand the document and are acting freely.
4. Deposit the signed power of attorney with the General Guardian (האפוטרופוס הכללי), a required step for the continuous power of attorney to carry legal weight.
5. Keep copies with your agent, your lawyer and a trusted family member.
6. Activate it when needed, which may require a medical certificate confirming the principal’s loss of capacity along with identity verification.

When more than one agent is named, the document should state whether they act jointly or independently. Without clear wording, joint action is often assumed, which can slow down routine decisions if agents disagree or live in different countries.

Pro Tip: If you hold property, bank accounts or business interests in more than one country, have a lawyer review the authority wording before signing, since vague language causes the most delays at activation.

Anyone with cross-border assets, a family business or heirs who disagree on major decisions should get legal help drafting this document rather than using a generic template.

What happens when the principal dies: the 90-day rule

Once the principal passes away, the continuous power of attorney generally expires as a matter of law. The reasoning is straightforward: once someone dies, their affairs shift from incapacity management to estate administration, which is a different legal process governed by inheritance law rather than agency law.

There is one narrow exception. An agent who was handling the principal’s property may continue to act for a limited period after death, but only if no temporary estate manager has been appointed in that time. This is not a general license to keep managing the estate. It covers specific, urgent acts meant to prevent loss or damage:

• Paying for funeral and burial costs.
• Settling urgent debts that cannot wait for a formal estate process.
• Maintaining a leased property, such as paying rent or utilities, so tenants are not disrupted and the asset is not put at risk.

The 90-day window is a bridge, not a replacement for proper estate administration, and agents who overstep it risk personal liability for unauthorized transactions.

Every action taken during this period should be documented in writing, with receipts kept and, where the agent pays from personal funds, a clear agreement with the heirs about reimbursement. Heirs who later discover payments made on their behalf should confirm those payments were necessary and properly recorded before agreeing to reimburse them.

When courts appoint a temporary estate manager

A temporary estate manager, or מנהל עיזבון זמני, steps in when an estate needs active oversight before or while an inheritance order is being processed. Courts do not appoint one automatically or for convenience. The guide for heirs issued by the Israeli government outlines when this becomes necessary.

• Minor heirs who cannot legally manage inherited assets on their own.
• Multiple heirs where coordination is difficult or impractical without a single point of authority.
• Disputes among heirs that could stall basic decisions about the estate.
• Complex assets, such as a business, multiple properties or holdings abroad, that need active management.

A manager’s powers differ from an agent’s. Managers must collect and secure assets, pay legitimate debts and eventually distribute what remains, but certain transactions like transferring or encumbering property require prior court approval. The application can be filed before or alongside a request for an inheritance order, and once appointed, the manager reports to the court and, in many cases, to the heirs directly.

Immediate steps for agents and heirs after a death

The days right after a death call for quick, organized action, both to preserve the estate and to set up a smoother path toward formal distribution.

1. Notify banks, insurers, utility companies and the landlord of the death as soon as possible, since accounts may be frozen or payments may lapse without notice.
2. Gather key documents: the death certificate, the deceased’s ID, the continuous power of attorney if one exists, and any will.
3. Prioritize urgent payments like funeral costs or rent on a leased property, and keep every receipt.
4. Secure physical property and records, including deeds, bank statements and insurance policies, so nothing is lost or disputed later.
5. Decide whether to request a temporary estate manager or move straight to filing for an inheritance order, depending on the estate’s size and complexity.

When presenting an inheritance order to a bank, heirs typically need their own ID alongside the order itself, and banks often require all heirs to be present or to sign jointly before releasing funds.

Pro Tip: Keep a single folder, physical or digital, with every document and receipt related to the estate from day one. It saves weeks of back-and-forth once formal distribution begins.

How we help with power of attorney and estate matters in Israel

Cross-border estates get complicated fast, especially when assets, heirs or the principal themselves are spread across different countries. We step in when a continuous power of attorney needs drafting or deposit, when an inheritance order has to be filed, or when heirs or agents need representation in an Israeli court.

We assist clients through remote consultations as well as meetings when a case calls for it, so you are not required to travel just to move your matter forward. Before reaching out, it helps to have copies of any existing power of attorney, identification documents, a list of relevant bank accounts, and any real estate records tied to the estate.

Why a deposited power of attorney and a current will belong together

A power of attorney protects you while you are alive. A will only takes effect once you are gone, directing how your assets pass to the people you choose. Treating them as two pieces of one plan, rather than separate errands, is what keeps a family out of court.

Keep both documents current, and make sure your agents and heirs know where the originals are kept. Review both with a lawyer every few years, or sooner if your circumstances change.

— Menora Law

Get help securing your estate plan in Israel

We work with international clients on exactly these situations: drafting and depositing a continuous power of attorney, filing for an Israeli inheritance order, and representing heirs or agents when an estate needs active management. Whether you live in Israel or abroad, we handle the paperwork and court process so you do not have to navigate it alone.

Before reaching out, gather what you can of the following:

• Any existing power of attorney or will.
• Identification documents for yourself and other heirs.
• A list of known bank accounts and real estate holdings.
• Any correspondence from banks, courts or the General Guardian’s office.

This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.

Часто задаваемые вопросы

Where can I find a power of attorney form to download?

Official continuous power of attorney forms, along with the application for putting one into effect, are published on the gov.il continuous power of attorney page. The activation form lists required attachments, including medical certification confirming the principal’s loss of capacity.

What is a power of attorney for a tenant?

This generally refers to a document letting someone act on a tenant’s behalf for a specific rental matter, such as signing a lease or handling rent payments, rather than a continuous power of attorney under estate law. It is a narrower, task-specific authorization and is separate from the incapacity-planning document discussed in this guide.

Can I create a continuous power of attorney without a lawyer?

No. A continuous power of attorney must be signed in the presence of a licensed lawyer, who confirms the signer understands the document and is acting freely, before it can be deposited with the General Guardian. Skipping this step means the document will not be legally effective.

What is a power of attorney under Section 91?

Definitions of specific statutory sections vary by context and the surrounding law they sit within. Rather than risk a wrong citation, it is best to confirm the exact provision and its application with a lawyer familiar with the relevant Israeli statute.

Sources

• Gov
• Selected statutory excerpts regarding estate management (Knesset PDF)