The law recognizes supported decision making as a new legal tool, which will come into effect in two years. The law briefly defines the supporter’s functions – help with obtaining information, help with understanding the information and the available alternatives and help executing the decision and expressing it to third parties.
On 29.3.16 the Knesset voted in favour of the Amendment to the Legal Capacity and Guardianship Law.
This amendment constitutes a substantial reform to the law and includes a number of dramatic changes:
- Recognition of supported decision-making
- Recognition of lasting power of attorney
- Cancellation of the term ‘ward’
- Reduction of cases in which a guardian can be appointed to situastions in which this is necessary in order to prevent harm to a person when no less restrictive option is available
- Cancellation of the option of appointing a general guardian without detailing the issues under his or her authority
- Defining the individual’s wishes as a guiding element in the guardian’s considerations
- Defining the rights of persons under guardianship such as the right to receive information from his or her guardian and the right to independence and privacy
- Defining the right to legal aid representation in cases of involuntary hospitalization
- Limiting the ability of a guardian to force a decision relating to fundamental issues
The new law constitutes a rare opportunity for recognizing the right of every person to legal capacity and to make the decisions that affect their lives.
* The Knesset is the name for Israel’s parliament, or legislature, located in the capital Jerusalem. The major function of the Knesset is to legislate laws and revise them as necessary.