A Wish Document allows a parent of a minor, a family guardian of an adult, or an existing guardian to name who will replace them as guardian in the future. The court will take the document into account, but the final decision remains with the court. (Shoshi Arbib Law Office.)
A Wish Document allows a parent of a minor, a family guardian of an adult, or an existing guardian to name who will replace them as guardian in the future. The court will take the document into account, but the final decision remains with the court.
Substitute Guardian
The document applies when the parent or guardian is no longer able to care for the area they are responsible for. It allows you to determine in advance who will take responsibility, thereby protecting the person in need of assistance.
Drafting a Wish Document
The document must be drawn up before a lawyer who has undergone training from the Office of the Public Guardian. It is recommended that the lawyer deposit the document in the Public Guardian's register. The document may specify the identity of the substitute guardian, provide guiding instructions, or both.
Who May Draft the Document?
- A parent of a minor
- A family guardian appointed by the court
- A "de facto guardian" — someone who cares for a person without a formal appointment
What is the difference between a Wish Document and a Lasting Power of Attorney?
A Lasting Power of Attorney is drafted by the person themselves while they have full capacity, appointing an agent to manage their affairs in the future. A Wish Document is drafted by a parent or guardian to name who should replace them. Both protect future care but operate in different legal contexts.
Who may draft a Wish Document in Israel?
A Wish Document may be drafted by: a parent of a minor, a family guardian formally appointed by the court, or a de facto guardian — someone who cares for a person without a formal appointment. The document must be prepared before a lawyer who has completed training from the Office of the Public Guardian.
Official References: Israel Ministry of Justice — Guardianship · Israeli Courts Administration · Israel Land Authority · National Insurance Institute of Israel · Israel Tax Authority
Steps to Drafting an Expression-of-Wishes Document
- Define the preference areas — An expression-of-wishes document can record positions on medical treatment, lifestyle, housing preferences, and personal matters — identify every area you want to document.
- Consult and draft — Write the document with an elder-law attorney, using clear language that reflects the author's wishes across different scenarios of incapacity.
- Sign and store — Sign the document and keep it accessible to family members, the treating physician, and the attorney-in-fact — formal authentication is not legally required but is recommended.
- Integrate with legal documents — Combine the expression-of-wishes document with a lasting power of attorney and advance medical directives to create a comprehensive and effective planning framework.
Shoshi Arbib Law Office — Attorney | CPA | Mediator, Netanya, Israel.
