Guardianship LawAmendment Approved Ministerial Legislation Committee
The amendment allows to appoint a decision making supporter for people with disabilities. The duration of the support to be determined by the supported person.
Yair Altman/ Israel Today Newspaper 27.3.16
Justice Minister Ayelet Shaked won approval today (Sunday)for an amendment to the Guardianship Law in the Ministerial Legislation Committee. The amendment will make it possible to appoint a decision makingsupporter for persons with intellectual or psychosocial disabilities to provide help in making decisions and carrying out legal activities. The supporter is as an alternative to a guardian who has exclusive power to make decisions on behalf of the person. In other words, the bill offers an alternative track of supported decisionmaking.
The role of the decisionmaking supporter is to help a person with a psychosocial or intellectual disability manage their financial affairs and make the required decisions. However, the supporter is not a guardian and does not have the last say. This arrangement allows the supported person to remain independent.
According to the bill, the duration of the support to be provided is up to the supported person. A supporter can be appointed instead of a guardian, provided the supported person’s difficulties are not severe enough to warrant denying their legal capacity.
At the end of the meeting, Shaked said, “Adopting the model of the decision-making supporter as an alternative to a guardian is good news for people with disabilities who can and wish to take responsibility for their own lives. We must keep in mind that there are disabilities that do not justify denying legal capacity. This approach already exists in many countries in the world and it is about time Israel adopted the model as well. The amendment proposes to recognize the humanity in each person and not to automatically place them under definitions and strict rules that deny their freedom. On the other hand, we wish to protect people with psychosocial impairments or diminished cognitive abilities from exploitation or harm. Therefore, this amendment proposes a gentler alternative which will allow people to preserve autonomy over their lives by receiving support according to their own choice”.
The amendment will enter into effect after the Minister of Justice establishes secondary legislation with the consent of the welfare and finance ministries.