Expression of Wishes in Israel: Future Guardian Planning for Families Abroad
How families abroad can record wishes for a future guardian of a child or dependent adult under current Israeli planning and court procedures.
The short answer
If you are responsible for a minor child or an adult relative who may continue to need a guardian in Israel, an Israeli expression of wishes document may let you record whom you would like a court to appoint if you can no longer serve, together with practical guidance about the person’s care and affairs.
The document is advance planning, not a private appointment of a replacement guardian. An Israeli court remains responsible for deciding whether guardianship is needed, whom to appoint and what authority is appropriate. Families living across countries should coordinate the Israeli document with wills, custody arrangements and planning in their country of residence.
What an expression of wishes document is designed to do
The Israeli General Guardian’s current guidance describes an expression of wishes document as a planning tool for a parent or guardian who wants to identify a future guardian for a child or relative if the present caregiver can no longer continue. The official May 2026 guidance specifically explains its use by an older parent who is guardian of an adult child with a disability. See the General Guardian’s article on an expression of wishes by a parent of an adult child with a disability and its service page for depositing an expression of wishes document.
Eligibility, wording and the appropriate planning route depend on the relationship and any existing court order. A parent of a minor, a court-appointed guardian and a person caring for an adult relative are not necessarily in the same legal position. The document should therefore be prepared for the actual family structure rather than copied from a general form.
How it differs from an enduring power of attorney
The two instruments address different people and different decisions:
- An enduring power of attorney allows a capable adult to plan who may act in specified personal, medical or financial matters if that adult later cannot manage them.
- An expression of wishes document concerns future guardianship for another person for whom the maker is responsible, such as a minor or, in an appropriate case, an adult child with a disability.
A family may need both. A parent might plan for management of the parent’s own Israeli affairs and separately plan continuity of care for a dependent person. For the first issue, see our guide to an Israeli enduring power of attorney while living abroad.
Five issues for a family living outside Israel
1. Confirm which country and court would deal with the future application
Residence abroad can create more than one legal connection. Relevant questions may include where the dependent person ordinarily lives, whether an Israeli guardianship order already exists, where property or benefits are administered and whether another country has made a custody or protective order. An Israeli document should not be assumed to control a foreign proceeding, and a foreign document should not be assumed to appoint someone in Israel.
2. Choose a proposed guardian for the real work involved
Trust is essential, but availability, health, language, geography and practical ability also matter. Consider whether the proposed person can communicate with the dependent person, deal with Israeli institutions, maintain records and cooperate with care providers and relatives. If the proposed guardian lives abroad, ask how routine Israeli matters would actually be handled. If the proposed guardian lives in Israel, consider how decisions will be coordinated with family overseas.
It may be appropriate to discuss an alternative candidate if the first person cannot or will not serve. The court will still evaluate the circumstances when an appointment is requested.
3. Record wishes about the person, not only the appointee
Useful planning can include the dependent person’s routines, communication needs, education or supported-employment arrangements, health and welfare priorities, important relationships, housing preferences and the professionals who already know the family. Financial information may include Israeli benefits, accounts, trusts, property or recurring expenses, but unnecessary passwords and sensitive credentials should not be placed in a broadly circulated document.
Preferences should be specific enough to help but cautious enough to remain workable as circumstances change. A future guardian must act within the court order, current law and the person’s rights and needs at that time.
4. Coordinate wills, money and guardianship planning
Naming a proposed guardian does not fund future care, transfer property or replace a will. Review how Israeli and foreign wills, beneficiary designations, insurance, trusts and property arrangements fit together. A gift or inheritance left directly to a person who needs support can raise management and eligibility questions that require individual tax, benefits and estate advice.
For Israeli succession matters, our inheritance and probate service for foreign residents explains how the Israeli side can be coordinated from abroad.
5. Prepare for a court process rather than promising an automatic result
The Israeli Judicial Authority’s current service information for an application to appoint a guardian for an adult identifies an expression of wishes document among the materials that may be relevant to the application. The existence of the document does not remove judicial review. The court considers the need for an appointment, the proposed guardian, the scope of authority and the person’s circumstances when the application is made.
That distinction protects the dependent person. It also means the family should keep candidate details current and avoid wording that assumes a named person is guaranteed to be appointed.
Documents to gather for an initial review
- Current identity and contact details for the parent or guardian, the dependent person and proposed future guardians.
- Any Israeli or foreign guardianship, custody, support or protective order.
- Existing wills, enduring powers of attorney, advance directives and prior expressions of wishes.
- A concise description of the person’s daily needs, communication, care, education or work arrangements and important relationships.
- A practical inventory of Israeli benefits, property, accounts and professional contacts, without unnecessary credentials.
- Information about each person’s country of residence, citizenship and expected ability to travel or act in Israel.
Common mistakes to avoid
- Treating the document as an automatic appointment that binds every future court.
- Using an old emergency or pandemic signing procedure without checking current requirements.
- Confusing planning for another person’s guardian with an enduring power of attorney for the maker’s own affairs.
- Naming a trusted relative without checking willingness, availability and practical ability to serve.
- Ignoring a second country’s custody, capacity, benefits, tax or estate rules.
- Failing to review the plan after a move, death, family conflict or major change in the dependent person’s needs.
Frequently asked questions
Does an expression of wishes document appoint the future guardian?
No. It records advance wishes and may inform a future application. The Israeli court decides whether an appointment is required, who should be appointed and the appropriate scope of authority based on the circumstances at that time.
Is it only for parents of minor children?
Not necessarily. Current official guidance also discusses planning by a parent who is guardian of an adult child with a disability. Eligibility and the correct route depend on the relationship, the person’s age and needs, and any existing guardianship order.
Can I name someone who lives outside Israel?
That possibility requires individual review. Residence abroad may affect availability, administration and the court’s assessment of a workable appointment. The proposed person’s ability to act in Israel should be considered before the document is finalized.
Does the document replace my will?
No. Guardianship planning addresses responsibility for a person; a will addresses estate administration and inheritance after death. The two should be coordinated, particularly where assets and family members are in more than one country.
Should I rely on procedures used during the COVID-19 emergency?
No. Emergency arrangements and remote-signing practices can expire or change. Confirm the current preparation, identification, signing and deposit requirements before relying on an old article, form or appointment method.
Plan continuity of care across borders
If you live outside Israel and need to coordinate future-guardian planning for a child or dependent relative with Israeli legal arrangements, request an Initial Consultation with Aviv Galman Law Firm. The review can identify the relevant Israeli instrument, current formalities and questions that require advice in another country.
Review Israeli notary and power-of-attorney services or email office@aviv-law.co.il.
Legal information only: This article provides general information as of August 2026 and is not legal advice. Israeli guardianship, court and deposit requirements can change, and cross-border recognition depends on the facts and jurisdictions involved. Advice should be obtained for the people, documents and countries concerned.