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Supported Decision-Making Service for Persons with Disabilities | Service Model
The Human Rights Center for People with Disabilitis
: הליך כתיבת הדוח
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נספח
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6. Annulment of duty of obedience
– Section 43 of the previous law, which provided for the
ward’s duty to obey the guardian, has been removed.
7. Guardian will
– The law allows guardians who are relatives to instruct, in their wills, who
they wish to take over as guardian of their relatives in the event of their death. The court will
give preference to this choice after hearing the person concerned (section 64a).
8. Principles and guidance for guardians
– The law contains a list of guiding principles for
guardians’ actions. These include, for instance, the guardian’s duty to provide the person with
information, to promote the person’s independence, to allow the person to make decision
regarding their own affairs, to take into account the changing capacity of the person and
respect cultural issues (section 67e).
9. A person’s wishes as a guiding principle for guardians’ discretion
– Thus far, the guiding
principle for the guardian’s discretion was the person’s best interest. From now on, the leading
principle will be the person’s wishes (whether they are current or have been expressed in the
past). A person’s best interest may be relied upon only when it is impossible to find out what
the person’s wishes are (section 67f(b)).
10. Restrictions on guardians’ power
– Guardians may not force their opinions in cases of
substantial disputes over personal or medical issues (section 67f(b)(4)). Accordingly, a
guardian cannot consent to an action that restricts the person’s freedom of movement (such as
forced psychiatric hospitalization) (section 67g).
11. Accommodations and accessibility
– The guardian must make all information accessible to
the person in accordance with their needs (section 67f(c)).
12. Partial right for legal representation
– Where an application for guardianship appointment was
made, or where a guardian has been appointed for the purpose of a medical procedure, the person
has a right to legal counsel provided by legal aid, regardless of income (section 68a).
13. Oversight by the public guardian
– The law formalizes and expands the oversight powers
granted to the public guardian (section 67c).
14. Medical certificates
– The law instructs to enact regulations to formalize, for the first time,
the part expert reports play in the process.
Enduring power of attorney -
A major part of the amendment is dedicated to formalizing a new alternative to guardianship – an
enduring power of attorney – to enter into effect within a year. An enduring power of attorney is a
document a person may sign while still with legal capacity, wherein they instruct who is to make
decisions on their affairs in the event that they lose legal capacity. The law also includes the option
of signing advance directives to inform what decisions are made with respect to the person. An
enduring power of attorney can cover property and personal affairs, which also include medical
matters. The law formalizes a process which includes signing in the presence of a specifically
trained lawyer who ensures the person understands, as well as a duty to deposit the document
with the public guardian. The law regulates who may be given power of attorney, that person’s
powers, duties, functions, decision making process and more, and stipulates a complaint review
mechanism and court intervention. The law also acknowledges Ulysses Agreements in the area of
psychiatric hospitalization, in other words, a person’s ability to sign an enduring power of attorney,
via special process, that allows them to empower the appointee to consent to hospitalization despite
the appointing person’s objection. In these cases, the person may be involuntarily hospitalized for
48 hours only.
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