Supported Decision-Making Service

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

The Human Rights Center for People with Disabilitis

Introduction to the new Legal Capacity and Guardianship Law

On March 29, 2016, Israel’s parliament, the Knesset, voted in favor of amending the Legal

Capacity and Guardianship Law. The amendment constitutes a veritable reform and includes

several dramatic changes:

Recognition for supported decision making

Recognition for enduring powers of attorney

Revocation of the term “ward”

Reduction of the instances in which guardians will be appointed to cases in which it is necessary

to prevent harm to the person in question and when no less restrictive measure is available

Revocation of the possibility to appoint a general guardian without specifying the matters over

which he or she has powers

Definition of a person’s wishes as the guiding principle for the guardian’s discretion

Definition of the rights of people under guardianship, such as the right to receive information

from the guardian, the right to independence and the right to privacy

Definition of the right to legal counsel through legal aid in cases of medical decisions

Restriction of guardians’ ability to impose a decision on fundamental issues

At the same time, the law still has some ground to cover, including:

The law does not specify an unequivocal duty to hear the person in court in any proceeding

pertaining to that person

The law does not revoke the concept of legal incapacity

The law does not revoke the principle of “best interest”, as it still gives precedence to a person’s

“best interest” over their wishes

The law does not stipulate a broad right for legal representation

The law does not define a maximum timeframe for appointments

The law offers no solution for situations in which third parties (banks, physicians) doubt a

person’s legal capacity and require the appointment of a guardian in order to execute legal

actions

The law is still based on the concept of “capacity”, which divides people into those with or

devoid of legal capacity.

At the end of the day, the law brings true progress in the field, both in terms of developing

alternatives and within guardianship itself. Now, the principles of the law and its provisions have

to be assimilated and made a reality for tens of thousands of persons with disabilities as well as

older adults.