Expression of Intent Document
Appointment of An Alternative Guardian
Draw Up and hope that it will not be necessary!
Do you have minor child(ren)?
Have you been appointed sole guardian of your parents?
When you are no longer able to fulfill your role as guardian, an expression of will allows you to appoint an alternate guardian.
Our lawyers have undergone training by the general guardian and are authorized to draft a document of expression of wishes.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
What is the importance of an expression of interest document?
Since none of us knows what each day will bring, we take various measures to ensure the future of those who are close to us. It is important that we make a will, for example, to ensure the financial future of our heirs.
In addition to a will, an expression of will document is an important legal tool through which you can provide for your relatives for whom you serve as guardian, whether he or she is a child, parent, sibling, or grandparent. The term guardian includes both those who have been appointed by the court and those who have not, when he is a de facto guardian, that is taking care of a person’s affairs on their behalf.
An expression of will document indicates our desire for an alternative guardian if we are unable to fulfill this role, for example due to illness. In addition, we may include in the document instructions for the substitute guardian regarding the performance of his or her duties.
An attorney who drafts the expression of will.
As such, this is a legal document that guides who would replace us as guardians if we are unable to perform our duties.
Generally, an expression of will is used in cases where you, as guardian, will not be able to take care of the person (minor or adult) for whom you act as guardian, or upon the death of the guardian (by providing instructions in his will).
Obviously, the person we are asking to replace us as guardian must be notified, his consent obtained, and a signed document must be returned t o us. Expressions of will must be drafted by a lawyer who has been authorized by the general guardian to handle this matter, similar to a lasting power of attorney, which must also be drafted by a lawyer with specialized training.
The substitute guardian
If the guardian is unable to perform his duties, the court must be notified and asked to appoint the person whom the guardian requested to replace him. The court is not obliged to appoint that person, but he will be given priority if it is convinced that this is in the interests of the confidential information. How does the substitute guardian exercise his or her authority? In accordance with the court’s determination, in accordance with the document of the expression of desire, or in his discretion while acting in the best interest of the confidential party. As an example, it may be limited to medical issues (decisions regarding the selection of a medical institution, treatment performed, etc.) or property issues (management of money, assets, etc.). Upon appointment by the court, the substitute guardian will be subject to the supervision of the general guardian.
We encourage you to prepare an expression of desire document and not leave things to chance
Mor & Co.’s family law department has extensive 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.
