Supported Decision-Making Service

Supported Decision-Making Service for Persons with Disabilities | Service Model

The Human Rights Center for People with Disabilitis

E. Support by confidant versus support services

One of the main unresolved questions in the supported decision-making field is whether support

should be given primarily by confidants (family and friends), in a legally regulated formulation,

or whether it should be a professional service developed and funded by the state. On the one

hand, some argue that support should not become a governmental service due to concerns that

government intervention would distort support and turn it into a care service driven by the 'person's

best interests' criteria rather than their wishes. Others argue that support should not be provided

by family members to avoid conflicts of interest; independence is often sought from parents or

family and therefore parents should not act as the main supporting agent in the process. Another

argument is that some people have no close support system or relationships of trust, and that an

external support service should be developed at least for them.

Bizchut takes the middle ground. We believe legislation should recognize both tracks – supported

decision-making by confidants and as a state-funded public service, given mainly through civil

society service providers. In view of our position, we believe that training and support programs

should be developed to help family members and confidants act as decision-making supporters,

concomitantly with a state-funded service that would offers external, professional support. The

following model, which is also relevant to confidants and family members, focuses on the second

option of developing a supported decision-making service. Bizchut's Article 12 Pilot which was

premised on this model, was unique in the international context as it was the first pilot which

sought to develop professional support rather than frame the support provided by family members.