Expression of Wishes Document: Appointing an Alternative Guardian in Israel
Designating an Alternative Guardian for Your Dependents
Plan Ahead to Protect the People Who Depend on You
Are you the parent of minor children? Have you been appointed as the sole legal guardian of an elderly parent or a person with disabilities? An Expression of Wishes document allows you to designate an alternative guardian who will step in if you are no longer able to fulfill your role. Our attorneys are certified by the Administrator General and are authorized to draft this critical legal document on your behalf.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
Why Is an Expression of Wishes Document Important?
No one can predict the future, which is why responsible planning is essential. Just as a will protects the financial future of your heirs, an Expression of Wishes document ensures continuity of care for those who depend on you as their legal guardian.
This document allows you to formally designate an alternative guardian — a trusted person who will assume guardianship responsibilities if you become incapacitated, pass away, or are otherwise unable to continue in your role. Without this document, the court will appoint a guardian at its discretion, which may not align with your preferences or the best interests of your dependents.
Who Can Draft an Expression of Wishes Document?
An Expression of Wishes document is a legally binding instrument that specifies who should replace you as guardian if you become unable to fulfill your duties — whether due to illness, incapacity, or death. The designated alternative guardian must be notified, must consent in writing, and must return a signed acknowledgment.
By law, this document may only be drafted by an attorney who has been specially certified by the Administrator General — similar to a Durable Power of Attorney, which also requires an attorney with specialized training.
How the Alternative Guardian Is Appointed
If a guardian becomes unable to perform their duties, the court must be notified and asked to appoint the person named in the Expression of Wishes document as the new guardian. While the court is not strictly bound by the document, it carries significant weight in the court’s decision-making process. If the designated alternative guardian is found to be suitable, the court will typically honor the original guardian’s expressed wishes.
We Encourage You to Prepare an Expression of Desire Document and Not Leave Things to Chance
Mor & Co.’s family law department has over 15 years of experience in this area of law. A lot of our work involves family law and planning for the future using legal tools.
What is the cost of drafting an expression of interest?
Do you wish to draft an expression of interest? For this reason, we invite you to consult with a lawyer who has been certified by the general guardian for this matter in our offices. The purpose of this requirement, similar to a lasting power of attorney, was to ensure that all parties were aware of the importance and implications of this document.
As part of the process, the lawyer from our offices will ensure that the document is written clearly. He or she will make sure, among other things, that you fully understand the purpose of the action, that you have carefully considered the identity of the replacement guardian, and that he or she is convinced that this person is the most suitable for the position.
In addition, we will ensure that the replacement guardian understands the responsibilities assigned to him and signs the document freely and voluntarily. As soon as the document has been signed, the lawyer from our office will make sure that it is deposited with the general guardian and handle the appointment of the replacement guardian when the time comes.